106 A.D.3d 1444 964 N.Y.S.2d 436

Fourth Department,

May, 2013

(May 3, 2013)

The People of the State of New York, Respondent, v Lorenzo Rodriguez, Appellant.

[964 NYS2d 436]

— Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered August 26, 2010. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

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 criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). 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 — Scudder, EJ., Peradotto, Garni, Whalen and Martoche, JJ.

People v. Rodriguez
106 A.D.3d 1444 964 N.Y.S.2d 436

Case Details

Name
People v. Rodriguez
Decision Date
May 3, 2013
Citations

106 A.D.3d 1444

964 N.Y.S.2d 436

Jurisdiction
New York

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