THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. WILLIE BOZEMAN DEFENDANT APPELLANT (2018)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WILLIE BOZEMAN, DEFENDANT–APPELLANT.

KA 17–01295

Decided: February 09, 2018

PRESENT: CENTRA, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.

THOMAS J. EOANNOU, BUFFALO, FOR DEFENDANT–APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (JULIE BENDER FISKE OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted assault in the first degree (Penal Law §§ 110.00, 120.10[1] ). Contrary to defendant's contention, the record establishes that his waiver of the right to appeal was made “knowingly, intelligently and voluntarily” (People v. Lopez, 6 NY3d 248, 256 [2006] ). Inasmuch as defendant's valid waiver encompasses both his conviction and his sentence, defendant is foreclosed from challenging the severity of his sentence on appeal (see id. at 255–256; People v. Hidalgo, 91 N.Y.2d 733, 737 [1998]; People v. Walker, 151 AD3d 1730, 1731 [4th Dept 2017], lv denied 29 NY3d 1135 [2017]; cf. People v. Maracle, 19 NY3d 925, 928 [2012] ).

Mark W. Bennett

Clerk of the Court

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