People v Gordon

People v Gordon 2011 NY Slip Op 08042 Decided on November 10, 2011 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.

Decided on November 10, 2011
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, GREEN, AND GORSKI, JJ.
1199 KA 10-00831

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

RONNIE GORDON, DEFENDANT-APPELLANT.


Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered March 15, 2010. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree (three counts).


PETER J. DIGIORGIO, JR., UTICA, FOR DEFENDANT-APPELLANT.
SCOTT D. MCNAMARA, DISTRICT ATTORNEY, UTICA (STEVEN G. COX OF COUNSEL), FOR RESPONDENT.


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 three counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). We reject defendant's contention that his waiver of the right to appeal is invalid. "The written waiver of the right to appeal, together with defendant's responses during the plea proceeding, establish that the waiver was voluntarily, knowingly, and intelligently entered" (People v Griner, 50 AD3d 1557, 1558, lv denied 11 NY3d 737). That valid waiver of the right to appeal encompasses defendant's challenge to the factual sufficiency of the plea allocution (see People v Grimes, 53 AD3d 1055, 1056, lv denied 11 NY3d 789), his challenge to the severity of the sentence (see People v Hidalgo, 91 NY2d 733, 737), and the alleged denial by County Court of his right to proceed pro se (see People v Shields, 205 AD2d 833, 834).
Entered: November 10, 2011
Patricia L. Morgan
Clerk of the Court