| People v Scott |
| 2020 NY Slip Op 00948 [180 AD3d 1345] |
| February 7, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Alvin B. Scott, Also Known as Alvin Neal, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (Benjamin L. Nelson of counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of counsel), for respondent.
Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), rendered December 17, 2015. The judgment convicted defendant upon a plea of guilty of assault in the first 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 assault in the first degree (Penal Law § 120.10 [1]). Contrary to defendant's contention, he knowingly, intelligently, and voluntarily waived his right to appeal (see generally People v Thomas, 34 NY3d 545, 560-566 [2019]). That valid waiver encompasses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 255-256 [2006]). In any event, the sentence is not unduly harsh or severe. Present—Smith, J.P., Lindley, DeJoseph, NeMoyer and Troutman, JJ.