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People v. Burks

Supreme Court, Appellate Division, Fourth Department, New York.
Dec 21, 2018
167 A.D.3d 1571 (N.Y. App. Div. 2018)

Opinion

KA 17–00104 1373

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.


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: CENTRA, J.P., CARNI, LINDLEY, TROUTMAN, AND WINSLOW, JJ.

MEMORANDUM AND ORDER

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 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [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 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] ).


Summaries of

People v. Burks

Supreme Court, Appellate Division, Fourth Department, New York.
Dec 21, 2018
167 A.D.3d 1571 (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, Appellate Division, Fourth Department, New York.

Date published: Dec 21, 2018

Citations

167 A.D.3d 1571 (N.Y. App. Div. 2018)
88 N.Y.S.3d 381