People v. Schenk

Oct 1, 2010
Versions:77 A.D.3d 1417
907 N.Y.S.2d 906

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 two counts of attempted criminal sexual act in the first degree (Penal Law §§ 110.00, 130.50 [4]), defendant contends that his waiver of the right to appeal was not knowingly, intelligently, and voluntarily entered because County Court failed to conduct a sufficient inquiry. We reject that contention. “[T]here is no requirement that the . . . court engage in any particular litany” when accepting a defendant‘s waiver of the right to appeal (People v Callahan, 80 NY2d 273, 283 [1992]) and, here, the record establishes that defendant‘s waiver of the right to appeal was made knowingly, intelligently, and voluntarily (see People v Lopez, 6 NY3d 248, 256 [2006]). The waiver by defendant of the right to appeal encompasses his challenge to the court‘s suppression rulings (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Gordon, 42 AD3d 964 [2007], lv denied 9 NY3d 876 [2007]), as well as his challenge to the severity of the sentence (see Lopez, 6 NY3d at 255-256; People v Hidalgo, 91 NY2d 733, 737 [1998]).