People v Weisbrod
2017 NY Slip Op 05388 [151 AD3d 1964]
June 30, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 2, 2017


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 The People of the State of New York, Respondent, v Jeffrey P. Weisbrod, Appellant.

Williams Heinl Moody Buschman, P.C., Auburn (Mario J. Gutierrez of counsel), for defendant-appellant.

Jon E. Budelmann, District Attorney, Auburn (Andrew R. Kelly of counsel), for respondent.

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered January 7, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a forged instrument 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 his plea of guilty of criminal possession of a forged instrument in the second degree (Penal Law § 170.25). 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 constitutes a general unrestricted waiver that forecloses any challenge by defendant to the severity of the sentence (see id. at 255-256; People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d 925, 928 [2012]). Present—Peradotto, J.P., Carni, Lindley, Curran and Troutman, JJ.