People v Cecchini
2024 NY Slip Op 04888 [231 AD3d 1528]
October 4, 2024
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 11, 2024


[*1]
 The People of the State of New York, Respondent,
v
John S. Cecchini, Jr., Appellant.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Jessica Stickl Asbach of counsel), for defendant-appellant.

Joseph V. Cardone, District Attorney, Albion (Susan M. Howard of counsel), for respondent.

Appeal from a judgment of the Orleans County Court (Sanford A. Church, J.), rendered June 30, 2022. The judgment convicted defendant upon a plea of guilty of burglary in the third degree (two counts).

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 two counts of burglary in the third degree (Penal Law § 140.20). Contrary to defendant's contention, we conclude that defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]; People v Benjamin, 216 AD3d 1457, 1457 [4th Dept 2023]). Defendant's valid waiver of the right to appeal encompasses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 255-256 [2006]). Present—Smith, J.P., Bannister, Montour, DelConte and Hannah, JJ.