People v. Trueheart

Appeal from a judgment of the Supreme Court, Erie County (John F. O’Donnell, J.), rendered August 8, 2006. The judgment convicted defendant, upon his plea of guilty, of rape in the first degree.

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

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of rape in the first degree (Penal Law *1447§ 130.35 [4]), defendant contends that his waiver of the right to appeal was invalid. We reject that contention. The record “establishes] that the defendant understood that the right to appeal is separate and…