People v. Niccloy

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

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.