People v. Rush

Apr 20, 2012
Versions:94 A.D.3d 1449
942 N.Y.S.2d 844

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 rape in the second degree (Penal Law §§ 110.00, 130.30 [1]). We reject defendant‘s contention that his waiver of the right to appeal was not knowingly, voluntarily, and intelligently entered (see People v Lopez, 6 NY3d 248, 256 [2006]). “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 Thompson, 83 AD3d 1535, 1535 [2011] [internal quotation marks omitted]; see People v Harris, 77 AD3d 1326 [2010], lv denied 16 NY3d 743 [2011]). “[T]he valid waiver of the right to appeal encompasses defendant‘s contention concerning the [ultimate] denial of his request for youthful offender status” (People v Lyons, 86 AD3d 930, 931 [2011], lv denied 17 NY3d 954 [2011]; see Harris, 77 AD3d 1326), as well as his contention concerning the severity of the sentence (see Lopez, 6 NY3d at 255-256; Lyons, 86 AD3d at 931).