Opinion
2015-11-13
The PEOPLE of the State of New York, Respondent, v. Dale K. BUTLER, Jr., Defendant–Appellant.
Appeal from a judgment of the Oswego County Court (Donald E. Todd, J.), renderedJune 9, 2014. The judgment convicted defendant, upon his plea of guilty, of unlawful manufacture of methamphetamine in the third degree. Theodore W. Stenuf, Minoa, for Defendant–Appellant. Gregory S. Oakes, District Attorney, Oswego (Amy L. Hallenbeck of Counsel), for Respondent.
Appeal from a judgment of the Oswego County Court (Donald E. Todd, J.), renderedJune 9, 2014. The judgment convicted defendant, upon his plea of guilty, of unlawful manufacture of methamphetamine in the third degree.
Theodore W. Stenuf, Minoa, for Defendant–Appellant. Gregory S. Oakes, District Attorney, Oswego (Amy L. Hallenbeck of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of unlawful manufacture of methamphetamine in the third degree (Penal Law § 220.73[1] ). We conclude that the record establishes that defendant knowingly, voluntarily and intelligently waived his 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 encompasses his challenge to the severity of the sentence ( 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. SCUDDER, P.J., CENTRA, CARNI, WHALEN, and DeJOSEPH, JJ., concur.