People v Bridenbaker

People v Bridenbaker 2013 NY Slip Op 08776 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: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND WHALEN, JJ.
1362 KA 12-02097

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

v

MARK BRIDENBAKER, DEFENDANT-APPELLANT.


Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), rendered October 25, 2012. The judgment convicted defendant, upon his plea of guilty, of reckless assault of a child.


THOMAS E. ANDRUSCHAT, EAST AURORA, FOR DEFENDANT-APPELLANT.
FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DAVID PANEPINTO 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 reckless assault of a child (Penal Law § 120.02 [1]). Contrary to defendant's contention, the record establishes that he knowingly, voluntarily and intelligently waived his right to appeal (see generally People v Lopez, 6 NY3d 248, 256). "Although County Court's colloquy was brief, defendant signed a detailed written waiver of the right to appeal . . . , and he acknowledged to the court that he understood that he was foregoing the right to appeal" (People v Luper, 101 AD3d 1668, 1668, lv denied 20 NY3d 1101; see People v Ramos, 7 NY3d 737, 738; cf. People v Bradshaw, 18 NY3d 257, 267). The valid waiver encompasses defendant's challenge to the severity of the sentence (see People v Lococo, 92 NY2d 825, 827).
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court