From Casetext: Smarter Legal Research

People v. Smith

Supreme Court, Appellate Division, Fourth Department, New York.
Dec 21, 2018
167 A.D.3d 1555 (N.Y. App. Div. 2018)

Opinion

1314 KA 16–01246

12-21-2018

The PEOPLE of the State of New York, Respondent, v. Robert L. SMITH, Defendant–Appellant.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (DEBORAH K. JESSEY OF COUNSEL), FOR DEFENDANT–APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.


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

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND CURRAN, 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 manslaughter in the first degree ( Penal Law § 125.20 [1 ] ), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. The record establishes that his waiver of the right to appeal was knowing, intelligent and voluntary (see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), and that valid waiver forecloses his challenge to the severity of the sentence (see id. at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).


Summaries of

People v. Smith

Supreme Court, Appellate Division, Fourth Department, New York.
Dec 21, 2018
167 A.D.3d 1555 (N.Y. App. Div. 2018)
Case details for

People v. Smith

Case Details

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

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

Date published: Dec 21, 2018

Citations

167 A.D.3d 1555 (N.Y. App. Div. 2018)
167 A.D.3d 1555