THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ROBERT JONES DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROBERT L. JONES, DEFENDANT–APPELLANT.

KA 15–00166

Decided: April 28, 2017

PRESENT:  WHALEN, P.J., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ. TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN 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 criminal possession of a weapon in the second degree (Penal Law § 265.03[3] ).  Contrary to defendant's contention, the record establishes that defendant knowingly, voluntarily and intelligently waived the right to appeal (see People v. Taggart, 124 AD3d 1362, 1362;  see generally People v. Lopez, 6 NY3d 248, 256), and that valid waiver by its terms forecloses any challenge by defendant to the severity of the sentence (see Lopez, 6 NY3d at 255;  see generally People v. Hidalgo, 91 N.Y.2d 733, 737).  Although County Court failed to apprise defendant of the maximum sentence he could receive upon his conviction, “ ‘the requirement that a defendant be apprised of [the] maximum sentence in order for a waiver to be valid does not apply in a situation such as this[,] where there is a specific sentence promise at the time of the waiver’ “ (People v. Semple, 23 AD3d 1058, 1059, lv denied 6 NY3d 852;  see People v. Brown, 115 AD3d 1204, 1206, lv denied 23 NY3d 1060).

Frances E. Cafarell

Clerk of the Court