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People v. Tinch

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 29, 2012
96 A.D.3d 1691 (N.Y. App. Div. 2012)

Opinion

2012-06-29

The PEOPLE of the State of New York, Respondent, v. Weyman TINCH, Defendant–Appellant.

Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered January 25, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree. The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for defendant-appellant. Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling of Counsel), for respondent.


Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered January 25, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for defendant-appellant. Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling of Counsel), for respondent.
*917MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [1] ). 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.

SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, and MARTOCHE, JJ., concur.


Summaries of

People v. Tinch

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 29, 2012
96 A.D.3d 1691 (N.Y. App. Div. 2012)
Case details for

People v. Tinch

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Weyman TINCH…

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

Date published: Jun 29, 2012

Citations

96 A.D.3d 1691 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 5295
946 N.Y.S.2d 916