People v Bridenbaker
2013 NY Slip Op 08776 [112 AD3d 1379]
December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


The People of the State of New York, Respondent,
v
Mark Bridenbaker, Appellant.

[*1] Thomas E. Andruschat, East Aurora, for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (David Panepinto of counsel), for respondent.

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.

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 [2006]). "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 [2012], lv denied 20 NY3d 1101 [2013]; see People v Ramos, 7 NY3d 737, 738 [2006]; cf. People v Bradshaw, 18 NY3d 257, 267 [2011]). The valid waiver encompasses defendant's challenge to the severity of the sentence (see People v Lococo, 92 NY2d 825, 827 [1998]). Present—Scudder, P.J., Centra, Carni, Sconiers and Whalen, JJ.