Home/New York Court of Appeals/People v. Lococo

People v. Lococo

699 N.E.2d 416, 92 N.Y.2d 825, 677 N.Y.S.2d 57
CourtNew York Court of Appeals
DecidedJune 4, 1998
StatusPublished
Cited by696 cases

This text of 699 N.E.2d 416 (People v. Lococo) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Lococo, 699 N.E.2d 416, 92 N.Y.2d 825, 677 N.Y.S.2d 57 (N.Y. 1998).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Erie County Court should be affirmed in each case.

Defendants contend that they did not waive their right to appeal the severity of the court’s sentence. We disagree.

Each defendant voluntarily, knowingly and intelligently waived the right to appeal from any and all aspects of their case, including the severity of the sentence (see, People v Hidalgo, 91 NY2d 733 [decided today]; People v Allen, 82 NY2d 761; People v Seaberg, 74 NY2d 1). While defendants did not know the specific sentence at the time of the waiver, they did know the maximum sentence the trial court could impose in its discretion. Since defendants knew the maximum exposure they could face upon pleading guilty, the waiver of their right to challenge the sentence in each case was knowing and intelligent (see, People v Hidalgo, supra; People v Callahan, 80 NY2d 273).

Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

In each case: Order affirmed in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
699 N.E.2d 416, 92 N.Y.2d 825, 677 N.Y.S.2d 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lococo-ny-1998.