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People v. Harlach

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Nov 16, 2018
2018 N.Y. Slip Op. 7915 (N.Y. App. Div. 2018)

Opinion

1237 KA 16-02081

11-16-2018

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROBERT C. HARLACH, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.


PRESENT:

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), rendered October 13, 2016. The judgment convicted defendant, upon his plea of guilty, of burglary in the third 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 burglary in the third degree (Penal Law § 140.20). 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 NY3d 248, 256 [2006]). The valid waiver of the right to appeal encompasses defendant's challenge to the severity of the sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

Entered: November 16, 2018

Mark W. Bennett

Clerk of the Court


Summaries of

People v. Harlach

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Nov 16, 2018
2018 N.Y. Slip Op. 7915 (N.Y. App. Div. 2018)
Case details for

People v. Harlach

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROBERT C. HARLACH…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Nov 16, 2018

Citations

2018 N.Y. Slip Op. 7915 (N.Y. App. Div. 2018)