People v. Eck

2018 NY Slip Op 1754

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 16, 2018
• Docket: 244 KA 15-02039
• Status: Published

Opinion

People v Eck (2018 NY Slip Op 01754)

People v Eck

2018 NY Slip Op 01754

Decided on March 16, 2018

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 16, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, DEJOSEPH, AND CURRAN, JJ.

244 KA 15-02039

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

v

MATTHEW W. ECK, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered November 7, 2014. The judgment convicted defendant, upon his plea of guilty, of attempted murder 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 murder in the second degree (Penal Law §§ 110.00, 125.25 [1]). As the People correctly concede, defendant's waiver of the right to appeal is invalid because it was not knowing, voluntary and intelligent (see People v Brown, 296 AD2d 860, 860 [4th Dept 2002], lv denied 98 NY2d 767 [2002]; see also People v Maracle, 19 NY3d 925, 928-929 [2012]). Contrary to defendant's contention, however, we conclude that the sentence is not unduly harsh or severe.

Entered: March 16, 2018

Mark W. Bennett

Clerk of the Court