111 A.D.3d 1423 974 N.Y.S.2d 869

The People of the State of New York, Respondent, v Ramone Walker, Appellant.

[974 NYS2d 869]

— Appeal from a *1424judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered January 4, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]). The waiver by defendant of the right to appeal encompasses his challenge to the factual sufficiency of the plea allocution (see People v Thousand, 96 AD3d 1439, 1439-1440 [2012], lv denied 19 NY3d 1002 [2012]) and, moreover, that challenge is unpreserved for our review inasmuch as defendant did not move to withdraw the plea or vacate the judgment of conviction (see People v Lopez, 71 NY2d 662, 665 [1988]; People v Nelson, 105 AD3d 1389, 1390 [2013], lv denied 21 NY3d 1044 [2013]). The waiver of the right to appeal also encompasses defendant’s contention that the sentence is unduly harsh and severe (see generally People v Maracle, 19 NY3d 925, 928 [2012]; People v Hidalgo, 91 NY2d 733, 737 [1998]). Present — Smith, J.P., Centra, Fahey, Garni and Whalen, JJ.

People v. Walker
111 A.D.3d 1423 974 N.Y.S.2d 869

Case Details

Name
People v. Walker
Decision Date
Nov 15, 2013
Citations

111 A.D.3d 1423

974 N.Y.S.2d 869

Jurisdiction
New York

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