PORTERFIELD, CHARLES, PEOPLE v

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 7, 2013
• Docket: KA 11-01985
• Status: Published

Opinion

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