People v. Jones

Full title: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LEMUEL JONES, APPELLANT

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

Date published: May 10, 2000

272 A.D.2d 951 (N.Y. App. Div. 2000)

708 N.Y.S.2d 677

Opinion

May 10, 2000

Appeal from Judgment of Orleans County Court, Punch, J. — Attempted Criminal Possession Controlled Substance, 3rd Degree.)

Judgment unanimously affirmed.

Before: Pine, J.P., Hayes, Scudder and Kehoe, JJ.

Memorandum:

The challenge by defendant to the severity of his sentence is foreclosed by his valid waiver of the right to appeal ( see, People v. Lococo, 92 N.Y.2d 825, 827). We reject the contention that defendant was denied effective assistance of counsel based on defense counsel's delay in filing the notice of appeal. Defendant has failed to demonstrate any prejudice arising therefrom because his only challenge on appeal is foreclosed by his waiver of the right to appeal.