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People v. McElwee

Supreme Court of New York
Jul 9, 2021
2021 N.Y. Slip Op. 4317 (N.Y. Sup. Ct. 2021)

Opinion

654 KA 19-00734

07-09-2021

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAMES MCELWEE, DEFENDANT-APPELLANT.

CARA A. WALDMAN, FAIRPORT, FOR DEFENDANT-APPELLANT. TODD J. CASELLA, DISTRICT ATTORNEY, PENN YAN (R. MICHAEL TANTILLO OF COUNSEL), FOR RESPONDENT.


CARA A. WALDMAN, FAIRPORT, FOR DEFENDANT-APPELLANT.

TODD J. CASELLA, DISTRICT ATTORNEY, PENN YAN (R. MICHAEL TANTILLO OF COUNSEL), FOR RESPONDENT.

PRESENT: CENTRA, J.P., CARNI, CURRAN, WINSLOW, AND DEJOSEPH, JJ.

Appeal from a judgment of the Yates County Court (Jason L. Cook, J.), rendered November 26, 2018. The judgment convicted defendant upon a plea of guilty of reckless endangerment in the first degree.

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 reckless endangerment in the first degree (Penal Law § 120.25). Contrary to defendant's contention, his waiver of the right to appeal was knowing, voluntary, and intelligent (see generally People v Thomas, 34 N.Y.3d 545, 564 [2019], cert denied — U.S. —, 140 S.Ct. 2634 [2020]; People v Taylor, 192 A.D.3d 1683, 1684 [4th Dept 2021]). That valid waiver forecloses defendant's challenge to the severity of the sentence (see People v Lopez, 6 N.Y.3d 248, 255 [2006]; People v Hidalgo, 91 N.Y.2d 733, 737 [1998]).


Summaries of

People v. McElwee

Supreme Court of New York
Jul 9, 2021
2021 N.Y. Slip Op. 4317 (N.Y. Sup. Ct. 2021)
Case details for

People v. McElwee

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAMES MCELWEE…

Court:Supreme Court of New York

Date published: Jul 9, 2021

Citations

2021 N.Y. Slip Op. 4317 (N.Y. Sup. Ct. 2021)