People v. Turley

Jul 10, 2015
Appeal No. 2
Versions:130 A.D.3d 1578
12 N.Y.S.3d 588

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 bail jumping in the first degree (Penal Law § 215.57). The record establishes that defendant knowingly, voluntarily, and intelligently waived his right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver encompasses his challenge to the severity of the sentence (see People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).

Defendant contends in his pro se supplemental brief that the indictment is invalid because he was allegedly arrested prior to the expiration of the 30-day “grace period” provided in Penal Law § 215.57, and thus that reversal is required (cf. People v Shurn, 71 AD2d 610, 610 [1979], affd 50 NY2d 914 [1980]). That contention is not properly before us. “Because the [indictment] is not jurisdictionally defective, defendant‘s challenge [ ] to the [indictment is] forfeited by defendant‘s plea of guilty . . . , and in any event the valid waiver of the right to appeal encompasses [that] nonjurisdictional challenge [ ]” (People v Rossborough, 101 AD3d 1775, 1775-1776 [2012]). Present—Smith, J.P., Peradotto, Sconiers, Valentino and DeJoseph, JJ.