THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DAVID SNYDER DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DAVID V. SNYDER, DEFENDANT–APPELLANT.

KA 16–00070

Decided: September 29, 2017

PRESENT:  CENTRA, J.P., PERADOTTO, NEMOYER, TROUTMAN, AND WINSLOW, JJ. DAVID J. PAJAK, ALDEN, FOR DEFENDANT–APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DONNA A. MILLING 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 criminal sexual act in the first degree (Penal Law §§ 110.00, 130.50[3] ).  Contrary to defendant's contention, the record establishes that he knowingly, voluntarily and intelligently waived the right to appeal (see generally People v. Lopez, 6 NY3d 248, 256).  County Court's “statement at sentencing that defendant had 30 days to appeal does not vitiate defendant's otherwise valid waiver of the right to appeal” (People v. West, 239 A.D.2d 921, 921, lv denied 90 N.Y.2d 944).  The valid waiver of the right to appeal encompasses defendant's challenge to the severity of the sentence (see People v. Hidalgo, 91 N.Y.2d 733, 737;  cf.  People v. Maracle, 19 NY3d 925, 928).

Mark W. Bennett

Clerk of the Court