People v. Hixon

Appellate Division of the Supreme Court of New York

People v. Hixon

138 A.D.3d 1496, 29 N.Y.S.3d 216

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

DecidedApril 29, 2016

StatusPublished

This text of 138 A.D.3d 1496 (People v. Hixon) 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. Hixon, 138 A.D.3d 1496, 29 N.Y.S.3d 216 (N.Y. Ct. App. 2016).

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Opinion

Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered September 17, 2014. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a weapon 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 criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]). The record establishes that defendant knowingly, voluntarily, and intelligently waived his right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]), and his challenge to the severity of the sentence is encompassed by that valid waiver (see People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).

Present — Centra, J.P., Peradotto, Carni, Curran and Troutman, JJ.

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Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered September 17, 2014. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a weapon 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 criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]). The record establishes that defendant knowingly, voluntarily, and intelligently waived his right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]), and his challenge to the severity of the sentence is encompassed by that valid waiver (see People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).

Present — Centra, J.P., Peradotto, Carni, Curran and Troutman, JJ.

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Bluebook (online)

138 A.D.3d 1496, 29 N.Y.S.3d 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hixon-nyappdiv-2016.

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