People v. Hawkins

Appellate Division of the Supreme Court of New York

People v. Hawkins

137 A.D.3d 1678, 27 N.Y.S.3d 409

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

DecidedMarch 25, 2016

StatusPublished

This text of 137 A.D.3d 1678 (People v. Hawkins) 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. Hawkins, 137 A.D.3d 1678, 27 N.Y.S.3d 409 (N.Y. Ct. App. 2016).

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Opinion

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered January 9, 2013. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.

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 attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]). Contrary to defendant’s contention, the record establishes that he know[1679]*1679ingly, 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—Carni, J.P., Lindley, DeJoseph, Nemoyer and Troutman, JJ.

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Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered January 9, 2013. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.

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 attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]). Contrary to defendant’s contention, the record establishes that he know[1679]*1679ingly, 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—Carni, J.P., Lindley, DeJoseph, Nemoyer and Troutman, JJ.

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Bluebook (online)

137 A.D.3d 1678, 27 N.Y.S.3d 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hawkins-nyappdiv-2016.

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