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The People of the State of New York, Respondent v. Michael J. Luper

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,
v.
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 [3]). 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

20121221

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