Filed Date: 7/19/2013
Status: Precedential
Modified Date: 11/1/2024
— Appeal from a
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 assault in the second degree (Penal Law § 120.05 [2]). Contrary to defendant’s contention, the record establishes that he knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see id. at 255; see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).
We have considered defendant’s contentions in his pro se supplemental brief and conclude that they are without merit. Present — Smith, J.E, Fahey, Garni, Sconiers and Valentino, JJ.