THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JOSEAN RODRIGUEZ DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSEAN A. RODRIGUEZ, DEFENDANT–APPELLANT.

KA 14–02276

Decided: April 28, 2017

PRESENT:  WHALEN, P.J., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ. DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT–APPELLANT. CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT 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 robbery in the second degree (Penal Law §§ 110.00, 160.10[2][b] ) and attempted burglary in the second degree (§§ 110.00, 140.25[2] ).  Contrary to defendant's contention, his waiver of the right to appeal encompasses his challenge to the severity of the sentence.  The record establishes that he voluntarily, knowingly and intelligently waived the right to appeal from all aspects of his case, including his sentence, and that he was informed of the maximum sentence County Court could impose (see People v. Lococo, 92 N.Y.2d 825, 827;  cf.  People v. Maracle, 19 NY3d 925, 928).

Frances E. Cafarell

Clerk of the Court