THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. WILBERT QUINONES ALSO KNOWN AS WILBERT QUINONES MEDINA DEFENDANT APPELLANT (2018)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WILBERT QUINONES, ALSO KNOWN AS WILBERT QUINONES MEDINA, DEFENDANT–APPELLANT.

KA 15–00657

Decided: February 09, 2018

PRESENT: WHALEN, P.J., CENTRA, CARNI, NEMOYER, AND CURRAN, JJ.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN 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 manslaughter in the first degree (Penal Law § 125.20[1] ). Defendant contends that his oral and written waivers of the right to appeal do not bar his challenge to the severity of his sentence. We conclude that the record establishes that defendant knowingly, voluntarily and intelligently waived the right to appeal (see People v. Ramos, 7 NY3d 737, 738 [2006]; People v. Morales, 148 AD3d 1638, 1639 [4th Dept 2017], lv denied 29 NY3d 1083 [2017]; see generally People v. Lopez, 6 NY3d 248, 256 [2006] ), and that valid waiver encompasses his challenge to the severity of the sentence (see generally People v. Lococo, 92 N.Y.2d 825, 827 [1998]; People v. Hidalgo, 91 N.Y.2d 733, 737 [1998] ).

Mark W. Bennett

Clerk of the Court

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