55 A.D.3d 1313
N.Y. App. Div.
2008

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MARVIN PORTER, Appellant.

Supreme Court, Appellate Division, Fourth Department, New York

November 14, 2008

55 A.D.3d 1313 | 865 N.Y.S.2d 800

Sara S. Sperrazza, J.

Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered October 24, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the first degree.

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 burglary in the first degree (Penal Law §§ 110.00, 140.30 [1]). We reject the contention of defendant that his waiver of the right to appeal was invalid. County Court “expressly ascertained from defendant that, as a condition of the plea, he was agreeing to waive his right to appeal, and the court did not conflate that right with those automatically forfeited by a guilty plea” (People v Pasha, 36 AD3d 425, 426 [2007], lv denied 8 NY3d 989 [2007]). The valid waiver by defendant of the right to appeal encompasses his challenges to the severity of the sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]), and to the court‘s denial of his request for youthful offender status (see People v Kearns, 50 AD3d 1514 [2008]). Present—Martoche, J.P., Smith, Lunn, Pine and Gorski, JJ.