| People v Link |
| 2018 NY Slip Op 07902 |
| Decided on November 16, 2018 |
| 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 16, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CENTRA, NEMOYER, AND CURRAN, JJ.
1190 KA 16-02157
v
ARTHUR C. LINK, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CAITLIN M. CONNELLY OF COUNSEL), FOR DEFENDANT-APPELLANT.
LORI PETTIT RIEMAN, DISTRICT ATTORNEY, LITTLE VALLEY, FOR RESPONDENT.
Appeal from a judgment of the Cattaraugus County Court (Ronald D. Ploetz, J.), rendered August 29, 2016. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree.
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 criminal sale of a controlled substance in the fourth degree (Penal Law § 220.34 [1]). Contrary to defendant's contention, the record establishes that he validly waived his right to appeal (see People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Burdick, 159 AD3d 1444, 1444 [4th Dept 2018], lv denied 31 NY3d 1115 [2018]; People v Farrara, 145 AD3d 1527, 1527 [4th Dept 2016], lv denied 29 NY3d 997 [2017]). Although the better practice is to inform the defendant during the plea colloquy that appellate counsel will be appointed if he or she is indigent (see People v Brown, 122 AD3d 133, 144 [2d Dept 2014], lv denied 24 NY3d 1042 [2014]), County Court's failure "to go into that level of detail did not render the waiver invalid" (People v Pope, 129 AD3d 1389, 1391 [3d Dept 2015] [Devine, J., concurring]; see generally Lopez, 6 NY3d at 257; Brown, 122 AD3d at 145). Defendant's valid waiver of his right to appeal forecloses his challenge to the severity of his sentence (see Lopez, 6 NY3d at 255-256).
Entered: November 16, 2018
Mark W. Bennett
Clerk of the Court