BOLLING, BRANDON J., PEOPLE v ( 2016 )


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  •            SUPREME COURT OF THE STATE OF NEW YORK
    Appellate Division, Fourth Judicial Department
    648
    KA 13-01076
    PRESENT: CENTRA, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.
    THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
    V                              MEMORANDUM AND ORDER
    BRANDON J. BOLLING, DEFENDANT-APPELLANT.
    TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES A. HOBBS OF
    COUNSEL), FOR DEFENDANT-APPELLANT.
    SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O’BRIEN OF
    COUNSEL), FOR RESPONDENT.
    Appeal from a judgment of the Monroe County Court (Victoria M.
    Argento, J.), rendered March 7, 2013. The judgment convicted
    defendant, upon his plea of guilty, of robbery 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 robbery in the first degree (Penal Law
    § 160.15 [4]). 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:    July 8, 2016                           Frances E. Cafarell
    Clerk of the Court
    

Document Info

Docket Number: KA 13-01076

Filed Date: 7/8/2016

Precedential Status: Precedential

Modified Date: 10/7/2016