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People v. Colon

Supreme Court, Appellate Division, Fourth Department, New York.
Dec 22, 2017
156 A.D.3d 1469 (N.Y. App. Div. 2017)

Opinion

1478 KA 15–02154

12-22-2017

The PEOPLE of the State of New York, Respondent, v. Luis COLON, Defendant–Appellant.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MICHAEL S. DEAL OF COUNSEL), FOR DEFENDANT–APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (JULIE BENDER FISKE OF COUNSEL), FOR RESPONDENT.


THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MICHAEL S. DEAL OF COUNSEL), FOR DEFENDANT–APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (JULIE BENDER FISKE OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., SMITH, CARNI, TROUTMAN, AND WINSLOW, JJ.

MEMORANDUM AND ORDER

Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree ( Penal Law § 265.03 [3] ) and attempted assault in the first degree (§§ 110.00, 120.10[1] ). County Court "expressly ascertained from defendant that, as a condition of the plea, he was agreeing to waive his right to appeal, and the court did not conflate that right with those automatically forfeited by a guilty plea" ( People v. McCrea, 140 A.D.3d 1655, 1655, 32 N.Y.S.3d 778 [4th Dept. 2016], lv denied 28 N.Y.3d 933, 40 N.Y.S.3d 361, 63 N.E.3d 81 [2016] [internal quotation marks omitted]; see People v. Toney, 153 A.D.3d 1583, 1583, 60 N.Y.S.3d 898 [4th Dept. 2017] ). The court also specifically explained that the waiver included defendant's right to appeal his "conviction and sentence," thereby foreclosing defendant's challenge to the severity of his sentence (see Toney, 153 A.D.3d at 1583, 60 N.Y.S.3d 898 ; 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. Colon

Supreme Court, Appellate Division, Fourth Department, New York.
Dec 22, 2017
156 A.D.3d 1469 (N.Y. App. Div. 2017)
Case details for

People v. Colon

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Luis COLON…

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

Date published: Dec 22, 2017

Citations

156 A.D.3d 1469 (N.Y. App. Div. 2017)
65 N.Y.S.3d 860