Cara A. Waldman, Fairport, for defendant-appellant.

Todd J. Casella, District Attorney, Penn Yan (R. Michael Tantillo of counsel), for respondent.

Appeal from a judgment of the Yates County Court (Jason L. Cook, J.), rendered December 5, 2017. The judgment convicted defendant upon his plea of guilty of criminal sale of a controlled substance in the third degree and 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 a plea of guilty of, inter alia, criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). Contrary to defendant's contention, County Court "adequately apprised defendant that 'the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty' " (People v Saddler, 155 AD3d 1679, 1680 [4th Dept 2017], lv denied 30 NY3d 1108 [2018], quoting People v Lopez, 6 NY3d 248, 256 [2006]). Defendant's waiver of the right to appeal encompasses his challenge to the severity of his sentence (see Lopez, 6 NY3d at 255-256). Present—Smith, J.P., Carni, Lindley, Curran and Troutman, JJ.