People v Rumph
2019 NY Slip Op 08309 [177 AD3d 1383]
November 15, 2019
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 1, 2020


[*1]
 The People of the State of New York, Respondent,
v
Cordero Rumph, Appellant.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (James M. Specyal of counsel), for defendant-appellant.

Lori P. Rieman, District Attorney, Little Valley, for respondent.

Appeal from a judgment of the Cattaraugus County Court (Ronald D. Ploetz, J.), rendered June 13, 2016. The judgment convicted defendant upon his plea of guilty of attempted 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 attempted criminal sale of a controlled substance in the third degree (Penal Law §§ 110.00, 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]). It is well settled that a " 'court need not engage in any particular litany when apprising a defendant pleading guilty of the individual rights abandoned' " (People v Sanders, 25 NY3d 337, 341 [2015]) and, here, the record establishes that County Court engaged defendant "in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" (People v Carr, 147 AD3d 1506, 1506 [4th Dept 2017], lv denied 29 NY3d 1030 [2017] [internal quotation marks omitted]). That valid waiver forecloses any challenge by defendant to the severity of the sentence (see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Lasher, 151 AD3d 1774, 1775 [4th Dept 2017], lv denied 29 NY3d 1129 [2017]). Present—Centra, J.P., Carni, Curran, Troutman and Winslow, JJ.