People v. Higgins

Appellate Division of the Supreme Court of New York

People v. Higgins

2017 NY Slip Op 4722, 151 A.D.3d 1765, 53 N.Y.S.3d 857

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

DecidedJune 9, 2017

Docket815 KA 15-02149

StatusPublished

This text of 2017 NY Slip Op 4722 (People v. Higgins) 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. Higgins, 2017 NY Slip Op 4722, 151 A.D.3d 1765, 53 N.Y.S.3d 857 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered June 18, 2015. 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 a 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 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]).

Present — Centra, J.P., Lindley, DeJoseph, NeMoyer and Troutman, JJ.

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Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered June 18, 2015. 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 a 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 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]).

Present — Centra, J.P., Lindley, DeJoseph, NeMoyer and Troutman, JJ.

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Bluebook (online)

2017 NY Slip Op 4722, 151 A.D.3d 1765, 53 N.Y.S.3d 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-higgins-nyappdiv-2017.

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