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People v. Smith

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 30, 2017
151 A.D.3d 1962 (N.Y. App. Div. 2017)

Opinion

06-30-2017

The PEOPLE of the State of New York, Respondent, v. Robin J. SMITH, Defendant–Appellant.

Leanne Lapp, Public Defender, Canandaigua (Robert Tucker of Counsel), for defendant-appellant. R. Michael Tantillo, District Attorney, Canandaigua (V. Christopher Eaggleston of Counsel), for respondent.


Leanne Lapp, Public Defender, Canandaigua (Robert Tucker of Counsel), for defendant-appellant.

R. Michael Tantillo, District Attorney, Canandaigua (V. Christopher Eaggleston of Counsel), for respondent.

MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of three counts of criminal possession of stolen property in the third degree (Penal Law § 165.50 ). 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 ). Defendant's waiver of the right to appeal was a "general unrestricted waiver" that encompasses his contention that the sentence imposed is unduly harsh and severe (People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 ; see Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; cf. People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ).

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

SMITH, J.P., CENTRA, DeJOSEPH, NEMOYER, and SCUDDER, JJ., concur.


Summaries of

People v. Smith

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 30, 2017
151 A.D.3d 1962 (N.Y. App. Div. 2017)
Case details for

People v. Smith

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Robin J. SMITH…

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

Date published: Jun 30, 2017

Citations

151 A.D.3d 1962 (N.Y. App. Div. 2017)
54 N.Y.S.3d 908