PORTERFIELD, CHARLES, PEOPLE v

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department [715] KA 11-01985 PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER CHARLES PORTERFIELD, DEFENDANT-APPELLANT. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), 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 (Sheila A. DiTullio, J.), rendered August 25, 2011. The judgment convicted defendant, upon his plea of guilty, of 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 course of sexual conduct against a child in the second degree (Penal Law § 130.80 [1] [a]). 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 ). That valid waiver encompasses defendant’s contention that County Court erred in refusing to suppress his statements to the police (see People v Mack, 96 AD3d 1689, 1689 , lv denied 19 NY3d 1027 ; People v Aguayo, 37 AD3d 1081, 1081 , lv denied 8 NY3d 981 ), as well as his challenge to the severity of the sentence (see Lopez, 6 NY3d at 255 ; People v Lococo, 92 NY2d 825, 827 ). Entered: June 7, 2013 Frances E. Cafarell Clerk of the Court