People v Hill
2018 NY Slip Op 04923 [162 AD3d 1762]
June 29, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2018


[*1]
 The People of the State of New York, Respondent,
v
Quentin Hill, Also Known as Quinton Hill, Appellant.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Alan Williams of counsel), for defendant-appellant.

John J. Flynn, District Attorney, Buffalo (Daniel J. Punch of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered August 2, 2016. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance 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 controlled substance in the second degree (Penal Law § 220.18 [1]). Contrary to defendant's contention, we conclude that "[t]he plea colloquy and the written waiver of the right to appeal signed [and acknowledged in County Court] by defendant demonstrate that [he] knowingly, intelligently and voluntarily waived the right to appeal, including the right to appeal the severity of the sentence" (People v Pierce, 151 AD3d 1964, 1965 [4th Dept 2017], lv denied 30 NY3d 952 [2017] [internal quotation marks omitted]). Defendant's valid waiver of the right to appeal forecloses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d 925, 928 [2012]). Present—Centra, J.P., Carni, DeJoseph, Curran and Winslow, JJ.