People v McClain

People v Mcclain 2013 NY Slip Op 08719 Released on December 27, 2013 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 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.
1250 KA 11-02337

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

v

KYLE MCCLAIN, DEFENDANT-APPELLANT.


Appeal from a judgment of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), rendered August 9, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, unlawful possession of marihuana and failure to obey a stop sign.


THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (KAREN RUSSO-MCLAUGHLIN OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY 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 a plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), unlawful possession of marihuana (§ 221.05), and failure to obey a stop sign (Vehicle and Traffic Law § 1172 [a]). We reject defendant's contention that his waiver of the right to appeal was invalid. "[T]rial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea in which defendant waives a plethora of rights, including the right to appeal" (People v Mitchell, 93 AD3d 1173, 1173-1174, lv denied 19 NY3d 999 [internal quotation marks omitted]; see People v Fisher, 94 AD3d 1435, 1435, lv denied 19 NY3d 973). The record establishes that defendant waived his right to appeal in order to secure a sentencing commitment, and Supreme Court properly " describ[ed] the nature of the right being waived without lumping that right into the panoply of trial rights automatically forfeited upon pleading guilty' " (People v Tabb, 81 AD3d 1322, 1322, lv denied 16 NY3d 900, quoting People v Lopez, 6 NY3d 248, 257). Defendant's valid waiver of the right to appeal encompasses his challenge to the court's suppression rulings (see Mitchell, 93 AD3d at 1174).
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court