People v. Hartman-McMurray

Appellate Division of the Supreme Court of New York

People v. Hartman-McMurray

105 A.D.3d 1448, 963 N.Y.S.2d 908

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

DecidedApril 26, 2013

StatusPublished

This text of 105 A.D.3d 1448 (People v. Hartman-McMurray) 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. Hartman-McMurray, 105 A.D.3d 1448, 963 N.Y.S.2d 908 (N.Y. Ct. App. 2013).

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Opinion

Appeal from a judgment of the Wyoming County Court (Michael F. Griffith, J.), rendered October 4, 2011. The judgment convicted defendant, upon her plea of guilty, of aggravated driving while intoxicated.

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

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of felony aggravated driving while intoxicated (Vehicle and Traffic Law §§ 1192 [2], [2-a] [b]; 1193 [1] [c] [i] [B]). The record establishes that defendant 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. at 255; see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).

Present—Smith, J.P, Peradotto, Lindley, Valentino and Whalen, JJ.

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Appeal from a judgment of the Wyoming County Court (Michael F. Griffith, J.), rendered October 4, 2011. The judgment convicted defendant, upon her plea of guilty, of aggravated driving while intoxicated.

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

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of felony aggravated driving while intoxicated (Vehicle and Traffic Law §§ 1192 [2], [2-a] [b]; 1193 [1] [c] [i] [B]). The record establishes that defendant 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. at 255; see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).

Present—Smith, J.P, Peradotto, Lindley, Valentino and Whalen, JJ.

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Bluebook (online)

105 A.D.3d 1448, 963 N.Y.S.2d 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hartman-mcmurray-nyappdiv-2013.

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