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People v. Turrentine

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 14, 2013
107 A.D.3d 1569 (N.Y. App. Div. 2013)

Opinion

2013-06-14

The PEOPLE of the State of New York, Respondent, v. Lavon TURRENTINE, Defendant–Appellant.

Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered July 15, 2011. The judgment convicted defendant, upon his plea of guilty, of vehicular manslaughter 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 (Ashley R. Small of Counsel), for Respondent.


Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered July 15, 2011. The judgment convicted defendant, upon his plea of guilty, of vehicular manslaughter 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 (Ashley R. Small of Counsel), for Respondent.
MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of vehicular manslaughter in the second degree (Penal Law § 125.12 [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.

SCUDDER, P.J., PERADOTTO, LINDLEY, SCONIERS, and WHALEN, JJ., concur.


Summaries of

People v. Turrentine

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 14, 2013
107 A.D.3d 1569 (N.Y. App. Div. 2013)
Case details for

People v. Turrentine

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Lavon TURRENTINE…

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

Date published: Jun 14, 2013

Citations

107 A.D.3d 1569 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 4492
966 N.Y.S.2d 716