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People v. Burks

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Dec 21, 2018
2018 N.Y. Slip Op. 8859 (N.Y. App. Div. 2018)

Opinion

1373 KA 17-00104

12-21-2018

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LELAND S. BURKS, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (DEBORAH K. JESSEY OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.


PRESENT:

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (DEBORAH K. JESSEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered December 20, 2016. The judgment convicted defendant, upon his plea of guilty, of identity theft in the first degree and scheme to defraud 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 identity theft in the first degree (Penal Law § 190.80 [1]) and scheme to defraud in the first degree (§ 190.65 [1] [b]). 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]). That valid waiver of the right to appeal encompasses defendant's contention that the sentence is unduly harsh and severe (see People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

Entered: December 21, 2018

Mark W. Bennett

Clerk of the Court


Summaries of

People v. Burks

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Dec 21, 2018
2018 N.Y. Slip Op. 8859 (N.Y. App. Div. 2018)
Case details for

People v. Burks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LELAND S. BURKS…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Dec 21, 2018

Citations

2018 N.Y. Slip Op. 8859 (N.Y. App. Div. 2018)