| People v Jones |
| 2019 NY Slip Op 09198 [178 AD3d 1448] |
| December 20, 2019 |
| 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 Laquill Jones, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Nicholas P. Difonzo of counsel), for defendant-appellant.
John J. Flynn, District Attorney, Buffalo (Matthew B. Powers of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski, A.J.), rendered December 19, 2017. The judgment convicted defendant upon a plea of guilty of attempted robbery in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [4]), defendant contends that his waiver of the right to appeal was not knowingly, intelligently, and voluntarily entered. We reject that contention (see People v Bryant, 28 NY3d 1094, 1096 [2016]; People v Colon, 122 AD3d 1309, 1309 [4th Dept 2014], lv denied 25 NY3d 1200 [2015]). Defendant's valid waiver of the right to appeal encompasses his challenge to the severity of the sentence (see generally People v Lopez, 6 NY3d 248, 256 [2006]). Present—Carni, J.P., Lindley, Curran, Winslow and Bannister, JJ.