People v. Beu

Dec 22, 2005

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of grand larceny in the fourth degree (Penal Law § 155.30 [1]). Contrary to the contention of defendant, his waiver of the right to appeal is valid (see People v Callahan, 80 NY2d 273, 280 [1992]). That waiver encompasses defendant‘s further contention concerning the severity of the sentence (see People v Lococo, 92 NY2d 825, 827 [1998]; People v Hughes [appeal No. 1], 21 AD3d 1394 [2005]). Defendant‘s contention concerning the alleged violation of CPL 400.21 is not preserved for our review (see People v Pellegrino, 60 NY2d 636, 637 [1983]; see generally People v Samms, 95 NY2d 52, 57-58 [2000]). In any event, we conclude that Supreme Court substantially complied with the requirements of that section (see People v Nevins, 16 AD3d 1046, 1048 [2005], lv denied 4 NY3d 889 [2005]; People v Bonilla, 298 AD2d 871 [2002], lv denied 99 NY2d 555 [2002]; People v Chaney, 284 AD2d 998 [2001], lv denied 96 NY2d 917 [2001]).