People v. Crandall

Appellate Division of the Supreme Court of New York

People v. Crandall

2017 NY Slip Op 5365, 151 A.D.3d 1948, 54 N.Y.S.3d 901

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

DecidedJune 30, 2017

Docket899 KA 16-00004

StatusPublished

This text of 2017 NY Slip Op 5365 (People v. Crandall) 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. Crandall, 2017 NY Slip Op 5365, 151 A.D.3d 1948, 54 N.Y.S.3d 901 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered October 27, 2015. The judgment convicted defendant, upon his plea of guilty, of assault 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 assault in the second degree (Penal Law § 120.05 [9]). 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. *1949 at 255; see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).

Present — Whalen, P.J., Carni, Lindley, Curran and Scudder, JJ.

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Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered October 27, 2015. The judgment convicted defendant, upon his plea of guilty, of assault 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 assault in the second degree (Penal Law § 120.05 [9]). 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. *1949 at 255; see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).

Present — Whalen, P.J., Carni, Lindley, Curran and Scudder, JJ.

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Bluebook (online)

2017 NY Slip Op 5365, 151 A.D.3d 1948, 54 N.Y.S.3d 901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-crandall-nyappdiv-2017.

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