People v. Doyle

Appellate Division of the Supreme Court of New York

People v. Doyle

2017 NY Slip Op 4733, 151 A.D.3d 1774, 53 N.Y.S.3d 874

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

DecidedJune 9, 2017

Docket837 KA 15-00066

StatusPublished

This text of 2017 NY Slip Op 4733 (People v. Doyle) 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. Doyle, 2017 NY Slip Op 4733, 151 A.D.3d 1774, 53 N.Y.S.3d 874 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Monroe County Court (Christopher S. Ciaccio, J.), rendered April 2, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal contempt in the first 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 criminal contempt in the first degree (Penal Law § 215.51 [c]). Contrary to defendant’s contention, the record establishes that his waiver of the right to appeal was knowing, intelligent, and voluntary (see People v Lopez, 6 NY3d 248, 256 [2006]), and we conclude that the valid waiver encompasses his challenge to the severity of the sentence (see id. at 255-256; People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

Present — Smith, J.P., Centra, Peradotto, Lindley and NeMoyer, JJ.

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Appeal from a judgment of the Monroe County Court (Christopher S. Ciaccio, J.), rendered April 2, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal contempt in the first 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 criminal contempt in the first degree (Penal Law § 215.51 [c]). Contrary to defendant’s contention, the record establishes that his waiver of the right to appeal was knowing, intelligent, and voluntary (see People v Lopez, 6 NY3d 248, 256 [2006]), and we conclude that the valid waiver encompasses his challenge to the severity of the sentence (see id. at 255-256; People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

Present — Smith, J.P., Centra, Peradotto, Lindley and NeMoyer, JJ.

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Bluebook (online)

2017 NY Slip Op 4733, 151 A.D.3d 1774, 53 N.Y.S.3d 874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-doyle-nyappdiv-2017.

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