Opinion
11-10-2016
The PEOPLE of the State of New York, Respondent, v. Jon T. MAGLIOCCO, also Known as Jon Magliocco, also Known as Jon J. Magliocco, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Caitlin M. Connelly of Counsel), for defendant-appellant. Lawrence Friedman, District Attorney, Batavia (William G. Zickl of Counsel), for respondent.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered July 3, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal sexual act in the third degree.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Caitlin M. Connelly of Counsel), for defendant-appellant.
Lawrence Friedman, District Attorney, Batavia (William G. Zickl of Counsel), for respondent.
MEMORANDUM:Defendant appeals from a judgment convicting him, upon his Alford plea, of criminal sexual act in the third degree (Penal Law § 130.40[2] ). Contrary to defendant's contention, we conclude that he knowingly, voluntarily, and intelligently waived his right to appeal, and that valid waiver encompasses his challenge to the severity of the sentence (see People v. Lopez, 6 N.Y.3d 248, 256, 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.CENTRA, J.P., PERADOTTO, DeJOSEPH, NEMOYER, and CURRAN, JJ., concur.