| People v Perez-Medina |
| 2020 NY Slip Op 00716 [179 AD3d 1458] |
| January 31, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Carlos M. Perez-Medina, Appellant. |
David J. Farrugia, Public Defender, Lockport (Theresa L. Prezioso of counsel), for defendant-appellant.
Caroline A. Wojtaszek, District Attorney, Lockport (Laura T. Jordan of counsel), for respondent.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered October 23, 2017. The judgment convicted defendant, upon a plea of guilty, of criminal possession of a controlled substance in the fourth 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 possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]). We affirm. Contrary to defendant's contention, he validly waived his right to appeal (see People v Dix, 170 AD3d 1575, 1575-1576 [4th Dept 2019], lv denied 33 NY3d 1030 [2019]), and that valid waiver forecloses his challenge to the severity of his sentence (see People v Lopez, 6 NY3d 248, 255-256 [2006]). Present—Smith, J.P., Peradotto, DeJoseph, NeMoyer and Curran, JJ.