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People v. Fuller

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 31, 2008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
STACEY FULLER, DEFENDANT-APPELLANT.

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered September 20, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, PERADOTTO, AND GREEN, JJ.

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 burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]), defendant contends that his waiver of the right to appeal does not encompass his challenge to the severity of the sentence. We reject that contention. County Court "engaged in a full and adequate colloquy, and defendant expressly waived [his] right to appeal without limitation" (People v Hidalgo, 91 NY2d 733, 737; see also People v Kearns, 50 AD3d 1514, lv denied 11 NY3d 790). We also reject the contention of defendant in his pro se supplemental brief that the court erred in sentencing him as a persistent violent felony offender inasmuch as defendant admitted his status as a persistent violent felony offender at the time of sentencing (see People v Mateo, 53 AD3d 1111, lv denied 11 NY3d 791).

20081231

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