People v D'Andria
2019 NY Slip Op 01788 [170 AD3d 881]
March 13, 2019
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 1, 2019


[*1]
 The People of the State of New York, Respondent,
v
Cordell D'Andria, Appellant.

Christopher J. Cardinale, Walden, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (William C. Ghee of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (Robert H. Freehill, J.), rendered January 25, 2017, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's plea of guilty included a waiver of his right to appeal. Contrary to the defendant's contentions, the record amply demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 341-342 [2015]; People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Ramos, 7 NY3d 737, 738 [2006]; People v Batista, 167 AD3d 69 [2018]; People v Howard, 160 AD3d 897 [2018]; People v Brown, 122 AD3d 133, 145-146 [2014]).

Where, as in this case, the defendant has entered "into a guilty plea that includes a valid waiver of the right to appeal, that waiver includes any challenge to the severity of the sentence" (People v Lopez, 6 NY3d 248, 256 [2006]). Accordingly, the defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d at 256). Scheinkman, P.J., LaSalle, Barros and Iannacci, JJ., concur.