Opinion
11-10-2016
The PEOPLE of the State of New York, Respondent, v. Lester M. STREETER, Defendant–Appellant. (Appeal No. 1.).
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for defendant-appellant. Niagara County District Attorney's Office, Lockport (Thomas H. Brandt of Counsel), for respondent.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered February 5, 2015. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree.
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for defendant-appellant.Niagara County District Attorney's Office, Lockport (Thomas H. Brandt of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03[3] ). 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 ), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see id. at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; see generally People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416 ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., PERADOTTO, DeJOSEPH, NEMOYER, and CURRAN, JJ., concur.