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People v. Jones

Supreme Court of New York, Fourth Department

July 19, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
CHARLES L. JONES, DEFENDANT-APPELLANT.

Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered September 12, 2011. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DONNA A. MILLING OF COUNSEL), FOR RESPONDENT.

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, WHALEN, AND MARTOCHE, 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 robbery in the second degree (Penal Law § 160.10 [2] [b]), defendant contends that he did not knowingly, voluntarily and intelligently waive his right to appeal. We reject that contention. Defendant waived his right to appeal both orally and in writing, and we conclude that " [d]efendant's responses to County Court's questions unequivocally established that defendant understood the proceedings and was voluntarily waiving the right to appeal' " (People v Buryta, 85 A.D.3d 1621, 1622; see People v Lyons, 86 A.D.3d 930, 930, lv denied 17 N.Y.3d 954). Defendant's valid waiver of the right to appeal encompasses his contention that the court abused its discretion in denying his request for youthful offender status (see People v Jones, 96 A.D.3d 1637, 1637, lv denied 19 N.Y.3d 1103; People v Rush, 94 A.D.3d 1449, 1449-1450, lv denied 19 N.Y.3d 967), as well as his contention concerning the severity of the sentence (see People v Lopez, 6 N.Y.3d 248, 255; Jones, 96 A.D.3d at 1637).


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