People v. Kopper

Appellate Division of the Supreme Court of New York

People v. Kopper

140 A.D.3d 1782, 32 N.Y.S.3d 547

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

DecidedJune 17, 2016

StatusPublished

This text of 140 A.D.3d 1782 (People v. Kopper) 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. Kopper, 140 A.D.3d 1782, 32 N.Y.S.3d 547 (N.Y. Ct. App. 2016).

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Opinion

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered June 23, 2014. The judgment convicted defendant, upon his plea of guilty, of assault 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 assault in the second degree (Penal Law § 120.05 [3]). Contrary to defendant’s contention, he knowingly, voluntarily, and intelligently waived his right to appeal, and his valid waiver forecloses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 256 [2006]; see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]). County Court advised defendant at the time of the waiver of the potential maximum term of incarceration, and thus the waiver encompasses defendant’s present challenge to the severity of the sentence (see Lococo, 92 NY2d at 827).

Present — Whalen, P.J., Carni, NeMoyer, Troutman and Scudder, JJ.

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Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered June 23, 2014. The judgment convicted defendant, upon his plea of guilty, of assault 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 assault in the second degree (Penal Law § 120.05 [3]). Contrary to defendant’s contention, he knowingly, voluntarily, and intelligently waived his right to appeal, and his valid waiver forecloses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 256 [2006]; see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]). County Court advised defendant at the time of the waiver of the potential maximum term of incarceration, and thus the waiver encompasses defendant’s present challenge to the severity of the sentence (see Lococo, 92 NY2d at 827).

Present — Whalen, P.J., Carni, NeMoyer, Troutman and Scudder, JJ.

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Bluebook (online)

140 A.D.3d 1782, 32 N.Y.S.3d 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kopper-nyappdiv-2016.

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