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People v. Peacock

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Dec 23, 2016
2016 N.Y. Slip Op. 8695 (N.Y. App. Div. 2016)

Opinion

1136 KA 15-00019

12-23-2016

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JONAS PEACOCK, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (DEBORAH K. JESSEY OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL J. FLAHERTY, JR., ACTING DISTRICT ATTORNEY, BUFFALO (DAVID A. HERATY OF COUNSEL), FOR RESPONDENT.


PRESENT:

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (DEBORAH K. JESSEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL J. FLAHERTY, JR., ACTING DISTRICT ATTORNEY, BUFFALO (DAVID A. HERATY OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendiges, J.), rendered October 23, 2014. The judgment convicted defendant, upon his plea of guilty, of attempted strangulation in the second 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 attempted strangulation in the second degree (Penal Law §§ 110.00, 121.12). Contrary to defendant's contention, the record establishes that he knowingly, intelligently, and voluntarily waived his right to appeal (see generally People v Lopez, 6 NY3d 248, 256). The valid waiver of the right to appeal encompasses his challenge to the severity of the sentence (see id. at 255; People v Lococo, 92 NY2d 825, 827).

Entered: December 23, 2016

Frances E. Cafarell

Clerk of the Court


Summaries of

People v. Peacock

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Dec 23, 2016
2016 N.Y. Slip Op. 8695 (N.Y. App. Div. 2016)
Case details for

People v. Peacock

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JONAS PEACOCK…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Dec 23, 2016

Citations

2016 N.Y. Slip Op. 8695 (N.Y. App. Div. 2016)