| People v Furtick |
| 2016 NY Slip Op 03314 [138 AD3d 1430] |
| April 29, 2016 |
| 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 Franklin Furtick, Also Known as Paul Winston, Also Known as Paul Furtick, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (Jane I. Yoon of counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of counsel), for respondent.
Appeal from a judgment of the Monroe County Court (Melchor E. Castro, A.J.), rendered April 19, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal sale 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 criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). 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; see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Smith, J.P., Carni, Lindley, Curran and Troutman, JJ.