Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered December 20, 2010.
Appellate Division, Fourth Department
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: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.
The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting himupon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 ). Contrary to defendant's contention,his valid waiver of the right to appeal forecloses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 255; see generally People v Lococo, 92 NY2d 825, 827; People v Hidalgo, 91 NY2d 733, 737). Supreme Court advised defendant at the time of the waiver of the potential maximum term of incarceration, and thus the waiver encompasses defendant's present challenge to the sentence (see Lococo, 92 NY2d at 827; cf. People v Newman, 21 AD3d 1343; People v McLean, 302 AD2d 934). Entered: June 29, 2012 Frances E. Cafarell Clerk of the Court
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