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148 A.D.3d 1793

People v. Bones

Appellate Division of the Supreme Court of the State of New York · decided 2017-03-31

Applies NY PEN § 220.31

Decided 2017-03-31

¶1Appeal from a judgment of the Niagara County Court (Sara Sheldon, J.), rendered January 13, 2016. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree.

¶2It is hereby ordered that the judgment so appealed from is unanimously affirmed.

¶3Memorandum: Defendant appeals from a judgment convicting him 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 that he knowingly, voluntarily, and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]). That valid waiver constitutes a “general unrestricted waiver” that *1794encompasses his contention that the sentence imposed is unduly harsh and severe (People v Hidalgo, 91 NY2d 733, 737 [1998]; see Lopez, 6 NY3d at 255-256; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

Present — Smith, J.P., Peradotto, DeJoseph, NeMoyer and Scudder, JJ.
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