THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JEREMY REYNOLDS DEFENDANT APPELLANT (2018)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JEREMY J. REYNOLDS, DEFENDANT–APPELLANT.

KA 16–02096

Decided: September 28, 2018

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

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CAITLIN M. CONNELLY OF COUNSEL), FOR DEFENDANT–APPELLANT.

MEMORANDUM AND ORDER

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

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted robbery in the second degree (Penal Law

§§ 110.00, 160.10), defendant contends that his waiver of the right to appeal is invalid. We reject that contention. The record establishes that the waiver was knowingly, intelligently, and voluntarily entered (see People v. Wright, 158 AD3d 1068, 1069 [4th Dept 2018], lv denied 31 NY3d 1019 [2018] ). Defendant's valid waiver of the right to appeal encompasses his challenge to the severity of the sentence (see People v. Lopez, 6 NY3d 248, 255–256 [2006] ).

Mark W. Bennett

Clerk of the Court

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