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The People of the State of New York v. Daniel Converso

New York v. Daniel Converso

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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 — 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]).

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