People v. Niccloy

Appellate Division of the Supreme Court of New York

People v. Niccloy

2017 NY Slip Op 4693, 151 A.D.3d 1740, 55 N.Y.S.3d 565

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

DecidedJune 9, 2017

Docket751 KA 15-01728

StatusPublished

Cited by2 cases

This text of 2017 NY Slip Op 4693 (People v. Niccloy) 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.

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People v. Niccloy, 2017 NY Slip Op 4693, 151 A.D.3d 1740, 55 N.Y.S.3d 565 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered September 10, 2015. The judgment convicted defendant, upon his plea of guilty, of attempted menacing a police officer or peace officer, resisting arrest and criminal possession of a weapon in the fourth 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 menacing a police officer or peace officer (Penal Law §§ 110.00, 120.18), resisting arrest (§ 205.30), and criminal possession of a weapon in the fourth degree (§ 265.01 [2]). Contrary to defendant’s contention, we conclude that the record demonstrates that defendant’s waiver of the right to appeal was made knowingly, intelligently and voluntarily (see generally People v Lopez, 6 NY3d 248, 256 [2006]), and that “defendant ha[d] ‘a full appreciation of the consequences’ of such waiver” (People v Bradshaw, 18 NY3d 257, 264 [2011]). We further conclude that the waiver encompasses defendant’s challenge to the severity of his sentence (see Lopez, 6 NY3d at 255-256; People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

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

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Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered September 10, 2015. The judgment convicted defendant, upon his plea of guilty, of attempted menacing a police officer or peace officer, resisting arrest and criminal possession of a weapon in the fourth 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 menacing a police officer or peace officer (Penal Law §§ 110.00, 120.18), resisting arrest (§ 205.30), and criminal possession of a weapon in the fourth degree (§ 265.01 [2]). Contrary to defendant’s contention, we conclude that the record demonstrates that defendant’s waiver of the right to appeal was made knowingly, intelligently and voluntarily (see generally People v Lopez, 6 NY3d 248, 256 [2006]), and that “defendant ha[d] ‘a full appreciation of the consequences’ of such waiver” (People v Bradshaw, 18 NY3d 257, 264 [2011]). We further conclude that the waiver encompasses defendant’s challenge to the severity of his sentence (see Lopez, 6 NY3d at 255-256; People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

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

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Bluebook (online)

2017 NY Slip Op 4693, 151 A.D.3d 1740, 55 N.Y.S.3d 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-niccloy-nyappdiv-2017.

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