SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 21, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
MICHAEL J. LUPER, DEFENDANT-APPELLANT.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered June 28, 2011.
People v Luper
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.
Released on December 21, 2012
PRESENT: SCUDDER, P.J., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ.
The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon 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 criminal possession of a weapon in the second degree (Penal Law § 265.03 ). Contrary to defendant's contention, the record establishes that he knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256). Although County Court's colloquy was brief, defendant signed a detailed written waiver of the right to appeal (see People v Ramos, 7 NY3d 737, 738), and he acknowledged to the court that he understood that he was foregoing the right to appeal (cf. People v Bradshaw, 18 NY3d 257, 267). The valid waiver encompasses any challenge by defendant to the severity of the sentence (see Lopez, 6 NY3d at 255). Entered: December 21, 2012 Frances E. Cafarell Clerk of the Court
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