People v. Eaton

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered April 28, 2015. The judgment convicted defendant, upon his plea of guilty, of gang assault in the first 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 gang assault in the first degree (Penal Law § 120.07). We reject defendant’s contention that he did not validly waive his right to appeal any issue concerning the severity of the sentence. Defendant’s oral waiver of the right to appeal…