| People v Ayala |
| 2018 NY Slip Op 04147 [162 AD3d 1509] |
| June 8, 2018 |
| 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 Philip R. Ayala, Also Known as Philip A. Ayala and Philip Ayala, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Michael S. Deal of counsel), for defendant-appellant.
Lawrence Friedman, District Attorney, Batavia (Melissa L. Cianfrini of counsel), for respondent.
Appeal from a judgment of the Genesee County Court (Michael F. Pietruszka, A.J.), rendered July 8, 2016. The judgment convicted defendant, upon his plea of guilty, of 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 criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [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, DeJoseph, NeMoyer and Troutman, JJ.