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People v. Myles

Supreme Court, Appellate Division, Fourth Department, New York.
Dec 22, 2017
156 A.D.3d 1474 (N.Y. App. Div. 2017)

Opinion

1497 KA 17–00017

12-22-2017

The PEOPLE of the State of New York, Respondent, v. Anthony C. MYLES, Defendant–Appellant.

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT–APPELLANT. CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.


DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT–APPELLANT.

CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, CURRAN, AND TROUTMAN, JJ.

MEMORANDUM AND ORDER

Memorandum:Defendant appeals from a judgment convicting him upon his plea of guilty of attempted criminal sexual act in the first degree ( Penal Law §§ 110.00, 130.50[3] ). Contrary to defendant's contention, the record establishes that his waiver of the right to appeal was knowing, intelligent, and voluntary (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), and we conclude that the valid waiver encompasses his challenge to the severity of the sentence (see People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ; cf. People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 [2012] ).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.


Summaries of

People v. Myles

Supreme Court, Appellate Division, Fourth Department, New York.
Dec 22, 2017
156 A.D.3d 1474 (N.Y. App. Div. 2017)
Case details for

People v. Myles

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Anthony C. MYLES…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Dec 22, 2017

Citations

156 A.D.3d 1474 (N.Y. App. Div. 2017)
65 N.Y.S.3d 825