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People v. Gwynn

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 7, 2013
107 A.D.3d 1469 (N.Y. App. Div. 2013)

Opinion

2013-06-7

The PEOPLE of the State of New York, Respondent, v. Robert GWYNN, Jr., Defendant–Appellant.

Appeal from a judgment of the Supreme Court, Erie County (Timothy J. Drury, J.), rendered July 25, 2007. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree. The Legal Aid Bureau of Buffalo, Inc., Buffalo (Vincent F. Gugino of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of Counsel), for Respondent.


Appeal from a judgment of the Supreme Court, Erie County (Timothy J. Drury, J.), rendered July 25, 2007. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Vincent F. Gugino of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of Counsel), for Respondent.
MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of murder in the second degree (Penal Law § 125.25[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.

CENTRA, J.P., FAHEY, CARNI, and SCONIERS, JJ., concur.


Summaries of

People v. Gwynn

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 7, 2013
107 A.D.3d 1469 (N.Y. App. Div. 2013)
Case details for

People v. Gwynn

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Robert GWYNN, Jr.…

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

Date published: Jun 7, 2013

Citations

107 A.D.3d 1469 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 4207
965 N.Y.S.2d 912