THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. GERALD STAUDER DEFENDANT APPELLANT

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GERALD J. STAUDER, DEFENDANT–APPELLANT.

KA 12–01344

Decided: July 19, 2013

PRESENT:  SMITH, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ. DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (MARY–JEAN BOWMAN OF COUNSEL), FOR DEFENDANT–APPELLANT. GERALD J. STAUDER, DEFENDANT–APPELLANT PRO SE. MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (LAURA T. BITTNER 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 assault in the second degree (Penal Law § 120.05[2] ).   Contrary to defendant's contention, the record establishes that he knowingly, voluntarily and intelligently waived the right to appeal (see generally People v. Lopez, 6 NY3d 248, 256), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see id. at 255;  see generally People v. Lococo, 92 N.Y.2d 825, 827;  People v. Hidalgo, 91 N.Y.2d 733, 737).

We have considered defendant's contentions in his pro se supplemental brief and conclude that they are without merit.

Frances E. Cafarell

Clerk of the Court