People v Bradberry

People v Bradberry 2012 NY Slip Op 09218 Released on December 28, 2012 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 28, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, SCONIERS, VALENTINO, AND MARTOCHE, JJ.
1346 KA 11-01632

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

v

CEDRICK K. BRADBERRY, DEFENDANT-APPELLANT.


Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered July 1, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree.


DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (MARY-JEAN BOWMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (LAURA T. BITTNER OF COUNSEL), FOR RESPONDENT.


It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convictinghim upon his plea of guilty of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31). Contrary to defendant's contention,the record establishes thathe 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).
Entered: December 28, 2012
Frances E. Cafarell
Clerk of the Court