Appellate Division of the Supreme Court of the State of New York November 10, 2011 (People v. Montanez)

Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of rape in the third degree (Penal Law § 130.25 [2]). Contrary to defendant’s contention, we conclude that he validly waived his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]).