JOHNSON, KEVIN C., PEOPLE v

Appellate Division of the Supreme Court of the State of New York·Decided July 3, 2014·No. KA 13-01142·Published

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

785 KA 13-01142 PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, LINDLEY, AND SCONIERS, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

KEVIN C. JOHNSON, ALSO KNOWN AS KEVIN JOHNSON, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS P. DIFONZO OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered May 21, 2013. The judgment convicted defendant, upon his plea of guilty, of failure to register a change of internet accounts.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of failure to register a change of internet accounts (Correction Law § 168-f [4]). 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 NY3d 248, 256), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see id. at 255; see generally People v Lococo, 92 NY2d 825, 827; People v Hidalgo, 91 NY2d 733, 737).

Entered: July 3, 2014 Frances E. Cafarell Clerk of the Court

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Related

People v. Lococo
699 N.E.2d 416 (New York Court of Appeals, 1998)
People v. Hidalgo
698 N.E.2d 46 (New York Court of Appeals, 1998)
People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)