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People v. Converso

Supreme Court of New York, Fourth Department
Jul 26, 2024
2024 N.Y. Slip Op. 4033 (N.Y. App. Div. 2024)

Opinion

No. 541 KA 22-00166

07-26-2024

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DANIEL CONVERSO, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JESSICA STICKL ASBACH OF COUNSEL), FOR DEFENDANT-APPELLANT. ANTHONY M. BRUCE, SPECIAL PROSECUTOR, BATAVIA, FOR RESPONDENT.


THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JESSICA STICKL ASBACH OF COUNSEL), FOR DEFENDANT-APPELLANT.

ANTHONY M. BRUCE, SPECIAL PROSECUTOR, BATAVIA, FOR RESPONDENT.

PRESENT: LINDLEY, J.P., BANNISTER, OGDEN, GREENWOOD, AND KEANE, JJ.

Appeal from a judgment of the Orleans County Court (Sanford A. Church, J.), rendered July 28, 2021. The judgment convicted defendant upon a guilty plea of attempted course of sexual conduct against a child in the second degree.

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 attempted course of sexual conduct against a child in the second degree (Penal Law §§ 110.00, 130.80 [1] [b]). Contrary to defendant's contention, the record establishes that his waiver of the right to appeal was voluntary, knowing, and intelligent (see People v Hawkins, 224 A.D.3d 1219, 1219 [4th Dept 2024]; see generally People v Thomas, 34 N.Y.3d 545, 559-564 [2019], cert denied - U.S. -, 140 S.Ct. 2634 [2020]; People v Lopez, 6 N.Y.3d 248, 256 [2006]). Defendant's valid waiver of the right to appeal forecloses his challenge to the severity of his sentence (see Lopez, 6 N.Y.3d at 255-256; People v Hidalgo, 91 N.Y.2d 733, 737 [1998]; People v Lollie, 204 A.D.3d 1430, 1431 [4th Dept 2022], lv denied 38 N.Y.3d 1134 [2022]).


Summaries of

People v. Converso

Supreme Court of New York, Fourth Department
Jul 26, 2024
2024 N.Y. Slip Op. 4033 (N.Y. App. Div. 2024)
Case details for

People v. Converso

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DANIEL CONVERSO…

Court:Supreme Court of New York, Fourth Department

Date published: Jul 26, 2024

Citations

2024 N.Y. Slip Op. 4033 (N.Y. App. Div. 2024)