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Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered January 13, 2016. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon 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 criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Contrary to defendant’s contention, the record establishes that he knowingly, voluntarily, and intelligently waived the right to appeal (see generally. People v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver forecloses defendant’s challenge to the severity of the sentence (see id. at 255; see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).
Present — Smith, J.P., Carni, NeMoyer, Curran and Troutman, JJ.
Document Info
Citation Numbers: 148 A.D.3d 1626, 48 N.Y.S.3d 915
Judges: Carni, Curran, Nemoyer, Smith, Troutman
Filed Date: 3/24/2017
Precedential Status: Precedential
Modified Date: 10/19/2024