LAW.coLAW.co

The People of the State of New York, Respondent, v. Brandon H. Carter, Appellant

New York Supreme Court, Appellate Division2013-03-22No. Appeal No. 2
104 A.D.3d 1285960 N.Y.S.2d 923

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered May 27, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third 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 third degree (Penal Law § 265.02 [7]). 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 any challenge by defendant 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 — Centra, J.P., Fahey, Garni, Lindley and Whalen, JJ.