People v. Bridenbaker

Appellate Division of the Supreme Court of New York

People v. Bridenbaker

112 A.D.3d 1379, 976 N.Y.S.2d 921

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

DecidedDecember 27, 2013

StatusPublished

This text of 112 A.D.3d 1379 (People v. Bridenbaker) 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. Bridenbaker, 112 A.D.3d 1379, 976 N.Y.S.2d 921 (N.Y. Ct. App. 2013).

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Opinion

Appeal from a judgment of the Erie County Court (Kenneth F. Case, J), rendered October 25, 2012. The judgment convicted defendant, upon his plea of guilty, of reckless assault of a child.

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 reckless assault of a child (Penal [1380]*1380Law § 120.02 [1]). Contrary to defendant’s contention, the record establishes that he knowingly, voluntarily and intelligently waived his right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]). “Although County Court’s colloquy was brief, defendant signed a detailed written waiver of the right to appeal . . . , and he acknowledged to the court that he understood that he was foregoing the right to appeal” (People v Luper, 101 AD3d 1668, 1668 [2012], lv denied 20 NY3d 1101 [2013]; see People v Ramos, 7 NY3d 737, 738 [2006]; cf. People v Bradshaw, 18 NY3d 257, 267 [2011]). The valid waiver encompasses defendant’s challenge to the severity of the sentence (see People v Lococo, 92 NY2d 825, 827 [1998]). Present — Scudder, P.J., Centra, Garni, Sconiers and Whalen, JJ.

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Appeal from a judgment of the Erie County Court (Kenneth F. Case, J), rendered October 25, 2012. The judgment convicted defendant, upon his plea of guilty, of reckless assault of a child.

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 reckless assault of a child (Penal [1380]*1380Law § 120.02 [1]). Contrary to defendant’s contention, the record establishes that he knowingly, voluntarily and intelligently waived his right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]). “Although County Court’s colloquy was brief, defendant signed a detailed written waiver of the right to appeal . . . , and he acknowledged to the court that he understood that he was foregoing the right to appeal” (People v Luper, 101 AD3d 1668, 1668 [2012], lv denied 20 NY3d 1101 [2013]; see People v Ramos, 7 NY3d 737, 738 [2006]; cf. People v Bradshaw, 18 NY3d 257, 267 [2011]). The valid waiver encompasses defendant’s challenge to the severity of the sentence (see People v Lococo, 92 NY2d 825, 827 [1998]). Present — Scudder, P.J., Centra, Garni, Sconiers and Whalen, JJ.

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Bluebook (online)

112 A.D.3d 1379, 976 N.Y.S.2d 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bridenbaker-nyappdiv-2013.

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