THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. LEON WRIGHT DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LEON D. WRIGHT, DEFENDANT–APPELLANT.

KA 15–00982

Decided: April 27, 2018

PRESENT:  WHALEN, P.J., CENTRA, LINDLEY, AND NEMOYER, JJ. TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES 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:  On appeal from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the first degree (Penal Law § 130.75[1][b] ), defendant contends that his sentence is unduly harsh and severe.  We agree with the People that defendant knowingly, voluntarily and intelligently waived his right to appeal.  County Court “engaged defendant ‘in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice’ “ (People v. Mills, 151 AD3d 1744, 1745 [4th Dept 2017], lv. denied 29 NY3d 1131 [2017];  see People v. Lopez, 6 NY3d 248, 256 [2006] ), and the oral waiver was buttressed by a written waiver executed by defendant and defense counsel (see People v. Gaines,—AD3d—,—, 2018 N.Y. Slip Op 01740, *1 [4th Dept 2018] ).  We conclude that the valid waiver of the right to appeal encompasses defendant's challenge to the severity of the sentence (see Lopez, 6 NY3d at 255;  People v. Hidalgo, 91 N.Y.2d 733, 737 [1998] ).

Mark W. Bennett

Clerk of the Court