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People v. McMurty

Supreme Court, Appellate Division, Fourth Department, New York.
Sep 27, 2019
175 A.D.3d 1799 (N.Y. App. Div. 2019)

Opinion

793 KA 15–00238

09-27-2019

The PEOPLE of the State of New York, Respondent, v. Michael MCMURTY, Jr., Also Known as John Doe, Defendant–Appellant.

MARK D. FUNK, CONFLICT DEFENDER, ROCHESTER (KATHLEEN P. REARDON OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.


MARK D. FUNK, CONFLICT DEFENDER, ROCHESTER (KATHLEEN P. REARDON OF COUNSEL), FOR DEFENDANT–APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ.

MEMORANDUM AND ORDER It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal 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] ), defendant contends that he did not validly waive his right to appeal and that the sentence is unduly harsh and severe. The record establishes that defendant's waiver of the right to appeal was made knowingly, intelligently, and voluntarily (see People v. Bryant , 28 N.Y.3d 1094, 1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ; People v. Colon , 122 A.D.3d 1309, 1309, 995 N.Y.S.2d 429 [4th Dept. 2014], lv denied 25 N.Y.3d 1200, 16 N.Y.S.3d 522, 37 N.E.3d 1165 [2015] ). The valid waiver of the right to appeal encompasses his challenge to the severity of the sentence (see People v. Lopez , 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ).


Summaries of

People v. McMurty

Supreme Court, Appellate Division, Fourth Department, New York.
Sep 27, 2019
175 A.D.3d 1799 (N.Y. App. Div. 2019)
Case details for

People v. McMurty

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Michael MCMURTY, Jr.…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Sep 27, 2019

Citations

175 A.D.3d 1799 (N.Y. App. Div. 2019)
107 N.Y.S.3d 764