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People v. Harlach

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 16, 2018
166 A.D.3d 1594 (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.


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: SMITH, J.P., CARNI, LINDLEY, DEJOSEPH, AND WINSLOW, JJ.

MEMORANDUM AND ORDER

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 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). The valid waiver of the right to appeal encompasses defendant's challenge to the severity of the sentence (see People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ; cf. People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 [2012] ).


Summaries of

People v. Harlach

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 16, 2018
166 A.D.3d 1594 (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, Appellate Division, Fourth Department, New York.

Date published: Nov 16, 2018

Citations

166 A.D.3d 1594 (N.Y. App. Div. 2018)
166 A.D.3d 1594