Opinion
2014-03-21
The PEOPLE of the State of New York, Respondent, v. Henry WILLIAMS, Defendant–Appellant.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered October 20, 2010. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree. Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of Counsel), for Defendant–Appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for Respondent.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), rendered October 20, 2010. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree.
Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of Counsel), for Defendant–Appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of murder in the second degree (Penal Law § 125.25[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, CARNI, and SCONIERS, JJ., concur.