From Casetext: Smarter Legal Research

People v. Hopkins

Appellate Division of the Supreme Court of New York, Third Department
Dec 20, 2007
46 A.D.3d 1107 (N.Y. App. Div. 2007)

Opinion

No. 100363.

December 20, 2007.

Appeal from a judgment of the County Court of Cortland County (Ames, J.), rendered June 20, 2006, convicting defendant upon his plea of guilty of three counts of the crime of burglary in the second degree.

Pamela A. Fairbanks, Ithaca, for appellant.

David S. Hartnett, District Attorney, Cortland, for respondent.

Before: Cardona, P.J., Peters, Spain, Rose and Kane, JJ., concur.


Satisfying three separate indictments, defendant pleaded guilty to three counts of burglary in the second degree and was thereafter sentenced to, among other things, a concurrent prison term of six years for each crime, followed by five years of postrelease supervision. Defendant now appeals.

We affirm. Contrary to defendant's assertion, the record establishes that he validly waived his right to appeal. Defendant executed — in open court — three written appeal waivers, one for each indictment, all of which indicated that he had been counseled by his attorney regarding his right to appeal and the manner in which the appellate process works, the consequences of which were reviewed by County Court during the plea colloquy and at sentencing ( see People v Lopez, 6 NY3d 248, 256-257; People v Wright, 34 AD3d 940, 940, lv denied 8 NY3d 886; see also People v Callahan, 80 NY2d 273, 280). Given the foregoing, defendant is precluded from attacking the sentences imposed as harsh and excessive ( see People v Sawyer, 41 AD3d 1089, 1090, lv denied 9 NY3d 926; People v Tedesco, 38 AD3d 1102, 1103, lv denied 8 NY3d 991).

Ordered that the judgment is affirmed.


Summaries of

People v. Hopkins

Appellate Division of the Supreme Court of New York, Third Department
Dec 20, 2007
46 A.D.3d 1107 (N.Y. App. Div. 2007)
Case details for

People v. Hopkins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES HENRY HOPKINS…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 20, 2007

Citations

46 A.D.3d 1107 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9969
848 N.Y.S.2d 404

Citing Cases

People v. Jennings

We affirm. Defendant does not dispute having executed a knowing, intelligent and voluntary waiver of his…

People v. Rogers

Initially, we note that defendant does not contest the validity of her waiver of the right to appeal and the…