Majority
Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered December 7, 2015. The judgment convicted defendant, upon his plea of guilty, of attempted course of sexual conduct against a child in the second degree and possessing a sexual performance by 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 attempted course of sexual conduct against a child in the second degree (Penal Law §§ 110.00, 130.80 [1] [a]) and possessing a sexual performance by a child (§ 263.16). 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 255-256 ; People v Lococo, 92 NY2d 825 , 827 [1998]; People v Hidalgo, 91 NY2d 733 , 737 [1998]).
Present—Smith, J.P., Carni, Curran and Winslow, JJ.
Cases cited
- People v. Lopez 6 NY3d 248 at 256 p. 1658
- People v. Lococo 92 NY2d 825 at 827 p. 1658
- People v. Hidalgo 91 NY2d 733 at 737 p. 1658