Opinion
03-24-2017
The PEOPLE of the State of New York, Respondent, v. Carl N. LIGHTFOOT, Defendant–Appellant.
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for defendant-appellant. Theodore A. Brenner, Deputy District Attorney, Lockport (Thomas H. Brandt of Counsel), for respondent.
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for defendant-appellant.
Theodore A. Brenner, Deputy District Attorney, Lockport (Thomas H. Brandt of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3] ). 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 defendant's challenge 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.
SMITH, J.P., CARNI, NEMOYER, CURRAN, and TROUTMAN, JJ., concur.