THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. GARY CARR DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GARY L. CARR, DEFENDANT–APPELLANT.

KA 14–02215

Decided: December 23, 2016

PRESENT:  WHALEN, P.J., CENTRA, LINDLEY, NEMOYER, AND TROUTMAN, JJ. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (KRISTIN M. PREVE OF COUNSEL), FOR DEFENDANT–APPELLANT. MICHAEL J. FLAHERTY, JR., ACTING DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY 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 attempted assault in the first degree (Penal Law §§ 110.00, 120.10[1] ).  Contrary to defendant's contention, his waiver of the right to appeal “was not rendered invalid based on [Supreme Court]'s failure to require defendant to articulate the waiver in his own words” (People v. Dozier, 59 AD3d 987, 987, lv denied 12 NY3d 815;  cf.  People v. Ramos, 152 A.D.2d 209, 211–212), and defendant's “responses during the plea colloquy and his execution of a written waiver of the right to appeal establish that he intelligently, knowingly, and voluntarily waived his right to appeal” (People v. Rumsey, 105 AD3d 1448, 1449, lv denied 21 NY3d 1019;  see generally People v. Sanders, 25 NY3d 337, 340–341).  The valid waiver of the right to appeal encompasses defendant's challenge to the severity of the sentence (see People v. Lopez, 6 NY3d 248, 256).

Frances E. Cafarell

Clerk of the Court