PEOPLE v. JUDGE (2019)

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 contempt in the second degree (Penal Law § 215.50[3]).  Contrary to defendant's contention, his waiver of the right to appeal is valid (see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006]).  Defendant discussed his right to appeal with his attorney before waiving that right and was advised that his “right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty” (id.;  see generally People v. Truitt, 170 A.D.3d 1591, 1591, 95 N.Y.S.3d 702 [4th Dept. 2019], lv denied 33 N.Y.3d 1036, 102 N.Y.S.3d 535, 126 N.E.3d 185 [2019] ).  Further, “[t]he plea allocution establishes that the waiver of the right to appeal was voluntarily, knowingly, and intelligently entered ․, even though some of defendant's responses to [Supreme Court's] inquiries were monosyllabic” (People v. Frazier, 63 A.D.3d 1633, 1633, 880 N.Y.S.2d 809 [4th Dept. 2009], lv denied 12 N.Y.3d 925, 884 N.Y.S.2d 706, 912 N.E.2d 1087 [2009] [internal quotation marks omitted] ).  Because defendant, under the circumstances here, does not raise a jurisdictional challenge, defendant's valid waiver of the right to appeal encompasses his contention that the court erred in denying that part of his second omnibus motion seeking to dismiss certain criminal complaints against him (cf. People v. Oliveri, 49 A.D.3d 1208, 1209, 856 N.Y.S.2d 354 [4th Dept. 2008]).