People v. Colvin

Appellate Division of the Supreme Court of New York

People v. Colvin

105 A.D.3d 1443, 963 N.Y.S.2d 905

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

DecidedApril 26, 2013

StatusPublished

This text of 105 A.D.3d 1443 (People v. Colvin) 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. Colvin, 105 A.D.3d 1443, 963 N.Y.S.2d 905 (N.Y. Ct. App. 2013).

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Opinion

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered June 30, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the first degree and robbery in the third 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 first degree (Penal Law §§ 110.00, 160.15 [4]) and robbery in the third degree (§ 160.05). 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 [2006]), 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 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).

Present—Scudder, EJ., Peradotto, Lindley, Valentino and Martoche, JJ.

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Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered June 30, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the first degree and robbery in the third 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 first degree (Penal Law §§ 110.00, 160.15 [4]) and robbery in the third degree (§ 160.05). 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 [2006]), 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 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).

Present—Scudder, EJ., Peradotto, Lindley, Valentino and Martoche, JJ.

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Bluebook (online)

105 A.D.3d 1443, 963 N.Y.S.2d 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-colvin-nyappdiv-2013.

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