People v Williams
2018 NY Slip Op 03037 [160 AD3d 1483]
April 27, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 30, 2018


[*1]
 The People of the State of New York, Respondent,
v
Jeremiah D. Williams, Appellant.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Michael S. Deal of counsel), for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (Shirley A. Gorman of counsel), for respondent.

Appeal from a judgment of the Genesee County Court (Michael F. Pietruszka, A.J.), rendered April 11, 2016. The judgment convicted defendant, upon his plea of guilty, of failure to register and/or verify status as a sex offender.

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 failure to register and/or verify his status as a sex offender (Correction Law §§ 168-f [4]; 168-t). We reject defendant's contention that his waiver of the right to appeal is invalid. The record establishes that County Court "expressly ascertained from defendant that, as a condition of the plea, he was agreeing to waive his right to appeal, and the court did not conflate that right with those automatically forfeited by a guilty plea" (People v McCrea, 140 AD3d 1655, 1655 [4th Dept 2016], lv denied 28 NY3d 933 [2016] [internal quotation marks omitted]). Contrary to defendant's further contention, "the oral waiver of the right to appeal was 'buttressed by [his] written waiver of [the right to] appeal, which explicitly enumerated the rights that were to be relinquished and [in which defendant] acknowledged that [he] had discussed the consequences of the waiver with counsel' " (People v Gaines, 159 AD3d 1389, 1389 [4th Dept 2018]). The waiver encompasses defendant's challenge to the severity of his sentence (see People v Lopez, 6 NY3d 248, 255 [2006]). Present—Smith, J.P., DeJoseph, Curran and Winslow, JJ.