WARD, WILLIAM M., PEOPLE v ( 2013 )


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  •            SUPREME COURT OF THE STATE OF NEW YORK
    Appellate Division, Fourth Judicial Department
    1291
    KA 13-00393
    PRESENT: CENTRA, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.
    THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
    V                              MEMORANDUM AND ORDER
    WILLIAM M. WARD, DEFENDANT-APPELLANT.
    DAVID P. ELKOVITCH, AUBURN, FOR DEFENDANT-APPELLANT.
    JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (NATHAN J. GARLAND OF
    COUNSEL), FOR RESPONDENT.
    Appeal from a judgment of the Cayuga County Court (Mark H.
    Fandrich, A.J.), rendered April 10, 2012. The judgment convicted
    defendant, upon his plea of guilty, of rape 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 rape in the second degree (Penal Law §
    130.30 [1]). 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),
    and that valid waiver forecloses any challenge by defendant to the
    severity of the sentence (see id. at 255; see generally People v
    Lococo, 92 NY2d 825, 827; People v Hidalgo, 91 NY2d 733, 737).
    Entered:    December 27, 2013                      Frances E. Cafarell
    Clerk of the Court
    

Document Info

Docket Number: KA 13-00393

Filed Date: 12/27/2013

Precedential Status: Precedential

Modified Date: 10/8/2016