People v. Gast

Appeal from a judgment of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered March 28, 2012. The judgment convicted defendant, upon his plea of guilty, of burglary 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 burglary in the second degree (Penal Law § 140.25 [2]). Contrary to defendant’s contention, it is well established that “a ‘waiver of the right to appeal [is] not rendered invalid based on [a] court’s failure to require [the]…