Citation Numbers: 15 A.D.3d 885, 788 N.Y.S.2d 795, 2005 N.Y. App. Div. LEXIS 1275
Filed Date: 2/4/2005
Status: Precedential
Modified Date: 11/1/2024
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J), rendered November 6, 2002. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree.
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 attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [2]). We conclude that defendant’s waiver of the right to appeal is enforceable. The record establishes that defendant understood that, by waiving his right to appeal, he was relinquishing the right to challenge his conviction (see People v Summers [appeal No. 2], 242 AD2d 869 [1997], lv denied 91 NY2d 881 [1997]). It further establishes that defendant had an adequate opportunity