People v. Bones — 148 A.D.3d 1793

Majority

p. 1793

The People of the State of New York, Respondent, v Anthony D. Bones, Appellant.

[49 NYS3d 335]

Appeal from a judgment of the Niagara County Court (Sara Sheldon, J.), rendered January 13, 2016. The judgment convicted defendant, upon his plea of guilty, of criminal sale 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 his plea of guilty of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31). 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]). That valid waiver constitutes a “general unrestricted waiver” that

p. 1794

encompasses his contention that the sentence imposed is unduly harsh and severe (People v Hidalgo, 91 NY2d 733 , 737 [1998]; see Lopez, 6 NY3d at 255-256 ; cf. People v Maracle, 19 NY3d 925 , 928 [2012]).

Present — Smith, J.P., Peradotto, DeJoseph, NeMoyer and Scudder, JJ.

Cases cited

People v. Lopez 6 NY3d 248 N.Y. 2006-02-16 at 256 p. 1793
People v. Hidalgo 91 NY2d 733 N.Y. 1998-06-04 at 737 p. 1794
People v. Maracle 19 NY3d 925 N.Y. 2012-06-27 at 928 p. 1794