THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DENNIS TRIPLETT ALSO KNOWN AS NANNY DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DENNIS TRIPLETT, ALSO KNOWN AS “NANNY,” DEFENDANT–APPELLANT.

KA 15–00157

Decided: April 28, 2017

PRESENT:  WHALEN, P.J., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (KRISTIN M. PREVE OF COUNSEL), FOR DEFENDANT–APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH 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 three counts each of attempted murder in the second degree (Penal Law §§ 110.00, 125.25[1] ) and assault in the first degree (§ 120.10[1] ), and one count of criminal possession of a weapon in the second degree (§ 265.03 [1][b] ).  Contrary to defendant's contention, the record establishes that he knowingly, voluntarily and intelligently waived the right to appeal (see People v. Smith, 138 AD3d 1496, 1497;  see generally People v. Lopez, 6 NY3d 248, 256).  We conclude that the valid waiver of the right to appeal encompasses defendant's challenge to Supreme Court's disqualification of his original attorney (see People v. Segrue, 274 A.D.2d 671, 672, lv denied 95 N.Y.2d 908).  In any event, defendant failed to preserve that challenge for our review (see People v. Tineo, 64 N.Y.2d 531, 535–536), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15[3][c] ).

Frances E. Cafarell

Clerk of the Court