WALKER, RAMONE D., PEOPLE v

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department [1184] KA 12-01096 PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND WHALEN, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER RAMONE WALKER, DEFENDANT-APPELLANT. ROBERT M. PUSATERI, CONFLICT DEFENDER, LOCKPORT (EDWARD P. PERLMAN OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (LAURA T. BITTNER OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered January 4, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]). The waiver by defendant of the right to appeal encompasses his challenge to the factual sufficiency of the plea allocution (see People v Thousand, 96 AD3d 1439, 1439-1440 , lv denied 19 NY3d 1002 ) and, moreover, that challenge is unpreserved for our review inasmuch as defendant did not move to withdraw the plea or vacate the judgment of conviction (see People v Lopez, 71 NY2d 662, 665 ; People v Nelson, 105 AD3d 1389, 1390 , lv denied 21 NY3d 1044 ). The waiver of the right to appeal also encompasses defendant’s contention that the sentence is unduly harsh and severe (see generally People v Maracle, 19 NY3d 925, 928 ; People v Hidalgo, 91 NY2d 733, 737 ). Entered: November 15, 2013 Frances E. Cafarell Clerk of the Court