People v. Alfiere

Appellate Division of the Supreme Court of New York

People v. Alfiere

2017 NY Slip Op 9030, 156 A.D.3d 1446, 65 N.Y.S.3d 835

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 22, 2017

Docket1410 KA 17-00007

StatusPublished

This text of 2017 NY Slip Op 9030 (People v. Alfiere) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Alfiere, 2017 NY Slip Op 9030, 156 A.D.3d 1446, 65 N.Y.S.3d 835 (N.Y. Ct. App. 2017).

Pincite

Opinion

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered November 17, 2016. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the second degree.

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 attempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [1]). Contrary to defendant’s contention, his waiver of the right to appeal is valid (see generally People v Lopez, 6 NY3d 248, 256 [2006]). The record establishes that he “understood that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty” (id.). Defendant’s valid waiver of the right to appeal forecloses his challenge to the severity of the sentence (see id. at 255-256).

Present—Whalen, P.J., Smith, Lindley, NeMoyer and Troutman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered November 17, 2016. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the second degree.

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 attempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [1]). Contrary to defendant’s contention, his waiver of the right to appeal is valid (see generally People v Lopez, 6 NY3d 248, 256 [2006]). The record establishes that he “understood that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty” (id.). Defendant’s valid waiver of the right to appeal forecloses his challenge to the severity of the sentence (see id. at 255-256).

Present—Whalen, P.J., Smith, Lindley, NeMoyer and Troutman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

2017 NY Slip Op 9030, 156 A.D.3d 1446, 65 N.Y.S.3d 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alfiere-nyappdiv-2017.

Opinion

Related

Cite This Page — Counsel Stack