THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ELIGIO ADAMES DEFENDANT APPELLANT (2018)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ELIGIO ADAMES, DEFENDANT–APPELLANT.

KA 15–01260

Decided: February 09, 2018

PRESENT: CENTRA, J.P., PERADOTTO, NEMOYER, TROUTMAN, AND WINSLOW, JJ.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES A. HOBBS OF COUNSEL), FOR DEFENDANT–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (MARGARET A. CIEPRISZ 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 criminal possession of a controlled substance in the second degree (Penal Law § 220.18[1] ). Contrary to defendant's contention, the record establishes that his waiver of the right to appeal was knowing, intelligent, and voluntary (see People v. Lopez, 6 NY3d 248, 256 [2006] ). Defendant's valid waiver of the right to appeal forecloses his challenge to the severity of his sentence (see id. at 255–256; People v. Hidalgo, 91 N.Y.2d 733, 737 [1998]; cf. People v. Maracle, 19 NY3d 925, 928 [2012] ).

Mark W. Bennett

Clerk of the Court

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