THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO (2018)

MEMORANDUM AND ORDER

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

Memorandum:  In these consolidated appeals, defendant appeals, in appeal No. 1, from a judgment convicting him upon his plea of guilty of burglary in the second degree (Penal Law § 140.25[2] ).  In appeal No. 2, he appeals from a judgment convicting him upon his plea of guilty of assault in the second degree (§ 120.05[3] ).  Initially, we note that defendant does not raise any contention with respect to the judgment in appeal No. 1, and thus we dismiss the appeal therefrom (see People v. Bertollini [appeal No. 2], 141 AD3d 1163, 1164 [4th Dept 2016] ).  Contrary to defendant's contention in appeal No. 2, we conclude that he knowingly, voluntarily and intelligently waived his right to appeal (see generally People v. Lopez, 6 NY3d 248, 256 [2006] ), and that valid waiver forecloses his challenge to the severity of the sentence in appeal No. 2 (see id. at 255;  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