People v. Lightfoot

Appellate Division of the Supreme Court of New York

People v. Lightfoot

148 A.D.3d 1626, 48 N.Y.S.3d 915

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

DecidedMarch 24, 2017

StatusPublished

This text of 148 A.D.3d 1626 (People v. Lightfoot) 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. Lightfoot, 148 A.D.3d 1626, 48 N.Y.S.3d 915 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered January 13, 2016. The judgment convicted defendant, upon his plea of guilty, of 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 criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Contrary to defendant’s contention, the record establishes that he knowingly, voluntarily, and intelligently waived the right to appeal (see generally. People v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver forecloses defendant’s challenge 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., Carni, NeMoyer, Curran and Troutman, JJ.

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Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered January 13, 2016. The judgment convicted defendant, upon his plea of guilty, of 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 criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Contrary to defendant’s contention, the record establishes that he knowingly, voluntarily, and intelligently waived the right to appeal (see generally. People v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver forecloses defendant’s challenge 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., Carni, NeMoyer, Curran and Troutman, JJ.

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Bluebook (online)

148 A.D.3d 1626, 48 N.Y.S.3d 915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lightfoot-nyappdiv-2017.

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