| People v Converso |
| 2024 NY Slip Op 04033 [229 AD3d 1376] |
| July 26, 2024 |
| 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 Daniel Converso, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Jessica Stickl Asbach of counsel), for defendant-appellant.
Anthony M. Bruce, Special Prosecutor, Batavia, for respondent.
Appeal from a judgment of the Orleans County Court (Sanford A. Church, J.), rendered July 28, 2021. The judgment convicted defendant upon a guilty plea of attempted course of sexual conduct against a child 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 attempted course of sexual conduct against a child in the second degree (Penal Law §§ 110.00, 130.80 [1] [b]). Contrary to defendant's contention, the record establishes that his waiver of the right to appeal was voluntary, knowing, and intelligent (see People v Hawkins, 224 AD3d 1219, 1219 [4th Dept 2024]; see generally People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]; People v Lopez, 6 NY3d 248, 256 [2006]). Defendant's valid waiver of the right to appeal forecloses his challenge to the severity of his sentence (see Lopez, 6 NY3d at 255-256; People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Lollie, 204 AD3d 1430, 1431 [4th Dept 2022], lv denied 38 NY3d 1134 [2022]). Present—Lindley, J.P., Bannister, Ogden, Greenwood and Keane, JJ.