THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. RAYMONE BURTS DEFENDANT APPELLANT

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RAYMONE T. BURTS, DEFENDANT–APPELLANT.

KA 12–00168

Decided: February 14, 2014

PRESENT:  SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT–APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. SMALL 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 robbery in the second degree (Penal Law § 160.10[1] ) and attempted robbery in the first degree (§§ 110.00, 160.15[2] ).   Contrary to defendant's contention, we conclude that he knowingly, intelligently, and voluntarily waived his right to appeal as a condition of the plea (see generally People v. Lopez, 6 NY3d 248, 256).   County Court “ ‘engage[d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice’ “ (People v. Flagg, 107 AD3d 1613, 1614), and the record establishes that defendant “ ‘understood that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty’ “ (id., quoting Lopez, 6 NY3d at 256).   Defendant's valid waiver forecloses our review of his contention concerning his purported motion (see generally People v. Callahan, 80 N.Y.2d 273, 285).

Frances E. Cafarell

Clerk of the Court