People
v.
Wolm

Appellate Division of the Supreme Court of New York, Fourth DepartmentMar 14, 2008
852 N.Y.S.2d 890 (N.Y. App. Div. 2008)
852 N.Y.S.2d 89049 A.D.3d 12862008 N.Y. Slip Op. 2373

No. KA 05-01407.

March 14, 2008.

Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J), rendered April 12, 2005. The judgment convicted defendant, upon his plea of guilty, of course of sexual conduct against a child in the first degree and sexual abuse in the second degree.

EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (WILLIAM CLAUSS OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (JESSICA BIRKAHN OF COUNSEL), FOR RESPONDENT.

Present: Hurlbutt, J.P., Lunn, Fahey, Peradotto and Pine, JJ.


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 course of sexual conduct against a child in the first degree (Penal Law former § 130.75 [a]) and sexual abuse in the second degree (§ 130.60 [2]). The waiver by defendant of the right to appeal encompasses his challenge to Supreme Court's suppression ruling ( see People v Kemp, 94 NY2d 831, 833; People v Conway, 43 AD3d 635, lv denied 9 NY3d 990), as well as his challenge to the severity of the sentence ( see People v Lopez, 6 NY3d 248, 256; People v Dupont, 292 AD2d 872, lv denied 98 NY2d 650).