People v. Crouse

2019 NY Slip Op 1894

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 15, 2019
• Docket: 74 KA 16-01787
• Status: Published

Opinion

People v Crouse (2019 NY Slip Op 01894)

People v Crouse

2019 NY Slip Op 01894

Decided on March 15, 2019

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 15, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CARNI, J.P., LINDLEY, NEMOYER, CURRAN, AND TROUTMAN, JJ.

74 KA 16-01787

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

GERALD CROUSE, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (RICHARD L. SULLIVAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Erie County Court (David W. Foley, A.J.), rendered September 14, 2016. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree (two counts).

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 two counts of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]). Contrary to defendant's contention, " the waiver of the right to appeal was not rendered invalid based on [County C]ourt's failure to require defendant to articulate the waiver in his own words' " (People v Scott, 144 AD3d 1597, 1597 [4th Dept 2016], lv denied 28 NY3d 1150 [2017]). Defendant's valid waiver of the right to appeal forecloses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 255 [2006]).

Entered: March 15, 2019

Mark W. Bennett

Clerk of the Court