People v Converso, 2024 NY Slip Op 04033 [229 AD3d 1376]

July 26, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Daniel Converso, Appellant.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Jessica Stickl Asbach of counsel), for defendant-appellant.

Anthony M. Bruce, Special Prosecutor, Batavia, for respondent.

Appeal from a judgment of the Orleans County Court (Sanford A. Church, J.), rendered July 28, 2021. The judgment convicted defendant upon a guilty plea of attempted course of sexual conduct against a child in the second 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 attempted course of sexual conduct against a child in the second degree (Penal Law §§ 110.00, 130.80 [1] [b]). Contrary to defendant’s contention, the record establishes that his waiver of the right to appeal was voluntary, knowing, and intelligent ( see People v Hawkins , 224 AD3d 1219 , 1219 [4th Dept 2024]; see generally People v Thomas , 34 NY3d 545 , 559-564 [2019], cert denied 589 US —, 140 S Ct 2634 [2020]; People v Lopez , 6 NY3d 248 , 256 [2006]). Defendant’s valid waiver of the right to appeal forecloses his challenge to the severity of his sentence ( see Lopez , 6 NY3d at 255-256; People v Hidalgo , 91 NY2d 733, 737 [1998]; People v Lollie , 204 AD3d 1430 , 1431 [4th Dept 2022], lv denied 38 NY3d 1134 [2022]). Present—Lindley, J.P., Bannister, Ogden, Greenwood and Keane, JJ..