People v. Delavalle

Appellate Division of the Supreme Court of New York

People v. Delavalle

137 A.D.3d 1610, 26 N.Y.S.3d 899

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

DecidedMarch 18, 2016

StatusPublished

This text of 137 A.D.3d 1610 (People v. Delavalle) 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. Delavalle, 137 A.D.3d 1610, 26 N.Y.S.3d 899 (N.Y. Ct. App. 2016).

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Opinion

Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered June 10, 2014. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [3]), we reject defendant’s contention that the waiver of the right to appeal is not valid (see generally People v Lopez, 6 NY3d 248, 256 [2006]). Contrary to defendant’s further contention, the sentence is not illegal, and [1611]*1611the valid waiver of the right to appeal encompasses his contention that the sentence is unduly harsh and severe (see generally id. at 255-256).

Present—Carni, J.P., Lindley, DeJoseph, Nemoyer and Troutman, JJ.

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Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered June 10, 2014. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [3]), we reject defendant’s contention that the waiver of the right to appeal is not valid (see generally People v Lopez, 6 NY3d 248, 256 [2006]). Contrary to defendant’s further contention, the sentence is not illegal, and [1611]*1611the valid waiver of the right to appeal encompasses his contention that the sentence is unduly harsh and severe (see generally id. at 255-256).

Present—Carni, J.P., Lindley, DeJoseph, Nemoyer and Troutman, JJ.

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Bluebook (online)

137 A.D.3d 1610, 26 N.Y.S.3d 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-delavalle-nyappdiv-2016.

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