People v. Schmitt

Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), rendered October 16, 2003. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting *1404him upon his plea of guilty of murder in the second degree (Penal Law § 125.25 [1]). Defendant contends that his waiver of the right to appeal was invalid because County Court failed to conduct a sufficient inquiry to ascertain whether the…