| People v Wolm |
| 2008 NY Slip Op 02373 [49 AD3d 1286] |
| March 14, 2008 |
| 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 Joseph Wolm, Appellant. |
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Michael C. Green, District Attorney, Rochester (Jessica Birkahn of counsel), for
respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J.), rendered April 12, 2005. The judgment convicted defendant, upon his plea of guilty, of course of sexual conduct against a child in the first degree and sexual abuse in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of course of sexual conduct against a child in the first degree (Penal Law former § 130.75 [a]) and sexual abuse in the second degree (§ 130.60 [2]). The waiver by defendant of the right to appeal encompasses his challenge to Supreme Court's suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Conway, 43 AD3d 635 [2007], lv denied 9 NY3d 990 [2007]), as well as his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Dupont, 292 AD2d 872 [2002], lv denied 98 NY2d 650 [2002]). Present—Hurlbutt, J.P., Lunn, Fahey, Peradotto and Pine, JJ.