SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
May 3, 2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
LORENZO RODRIGUEZ, DEFENDANT-APPELLANT.
Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered August 26, 2010.
People v Rodriguez
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 May 3, 2013
PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, WHALEN, AND MARTOCHE, JJ.
The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third 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 sale of a controlled substance in the third degree (Penal Law § 220.39 ). 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), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see id. at 255; see generally People v Lococo, 92 NY2d 825, 827; People v Hidalgo, 91 NY2d 733, 737).
We have considered defendant's contentions in his pro se supplemental brief and conclude that they are without merit. Entered: May 3, 2013 Frances E. Cafarell Clerk of the Court
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