Majority
Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), rendered August 4, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal sexual act in the first degree, sexual abuse in the first degree and endangering the welfare of a child.
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 sexual act in the first degree (Penal Law § 130.50 [3]), sexual abuse in the first degree (§ 130.65 [3]), and endangering the welfare of a child (§ 260.10 [1]). Contrary to defendant’s contention, County Court engaged him in “an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice” (People v James, 71 AD3d 1465 , 1465 [2010] [internal quotation marks omitted]; see People v Tyo, 140 AD3d 1697 , 1698 [2016]), and the waiver “was not rendered invalid based on the court’s failure to require defendant to articulate the waiver in his own words” (People v Dozier, 59 AD3d 987 , 987 [2009], lv
Present—Smith, J.P., Carni, Lindley, DeJoseph and Scudder, JJ.
Cases cited
- People v. James 71 AD3d 1465 at 1465 p. 1582
- People v. Dozier 59 AD3d 987 at 987 p. 1582
- People v. Gast 114 AD3d 1270 at 1270 p. 1583
- People v. Fisher 94 AD3d 1435 at 1435 p. 1583
- People v. Sanders 25 NY3d 337 at 342 p. 1583
- People v. Kemp 94 NY2d 831 at 833 p. 1583
- People v. Lopez 6 NY3d 248 at 256 p. 1583