Opinion
2012-06-29
The PEOPLE of the State of New York, Respondent, v. Timothy D. WOOTEN, Defendant–Appellant.
Appeal from a judgment of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), rendered June 28, 2011. The judgment convicted defendant, upon his plea of guilty, of assault in the third degree. David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for defendant-appellant. Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of Counsel), for respondent.
Appeal from a judgment of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), rendered June 28, 2011. The judgment convicted defendant, upon his plea of guilty, of assault in the third degree.
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for defendant-appellant. Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the third degree (Penal Law § 120.00[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 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145), and that valid waiver forecloses any challenge by defendant to the severity of the sentence ( see id. at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;see generally People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416;People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.