People v Williford
2008 NY Slip Op 02323 [49 AD3d 1241]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Respondent, v Zachary N. Williford, Appellant.

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert B. Hallborg, Jr., of counsel), for defendant-appellant.

Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered October 16, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third 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 attempted criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16 [1]). Contrary to the contention of defendant, the record establishes that he voluntarily, knowingly, and intelligently waived his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Kemp, 94 NY2d 831, 833 [1999]), and that valid waiver encompasses his challenge to the severity of the sentence (see People v Lococo, 92 NY2d 825, 827 [1998]; People v Burney, 41 AD3d 1221 [2007], lv denied 9 NY3d 863 [2007]). Present—Smith, J.P., Centra, Fahey, Peradotto and Green, JJ.