People v. Peacock

Appellate Division of the Supreme Court of New York

People v. Peacock

145 A.D.3d 1545, 42 N.Y.S.3d 909

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

DecidedDecember 23, 2016

StatusPublished

This text of 145 A.D.3d 1545 (People v. Peacock) 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. Peacock, 145 A.D.3d 1545, 42 N.Y.S.3d 909 (N.Y. Ct. App. 2016).

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Opinion

—Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendi-ges, J.), rendered October 23, 2014. The judgment convicted defendant, upon his plea of guilty, of attempted strangulation 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 attempted strangulation in the second degree (Penal Law §§ 110.00, 121.12). Contrary to defendant’s contention, the record establishes that he knowingly, intelligently, and voluntarily waived his right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]). The valid waiver of the right to appeal encompasses his challenge to the severity of the sentence (see id. at 255; People v Lococo, 92 NY2d 825, 827 [1998]).

Present—Whalen, P.J., Smith, Peradotto, NeMoyer and Scudder, JJ.

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—Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendi-ges, J.), rendered October 23, 2014. The judgment convicted defendant, upon his plea of guilty, of attempted strangulation 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 attempted strangulation in the second degree (Penal Law §§ 110.00, 121.12). Contrary to defendant’s contention, the record establishes that he knowingly, intelligently, and voluntarily waived his right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]). The valid waiver of the right to appeal encompasses his challenge to the severity of the sentence (see id. at 255; People v Lococo, 92 NY2d 825, 827 [1998]).

Present—Whalen, P.J., Smith, Peradotto, NeMoyer and Scudder, JJ.

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Bluebook (online)

145 A.D.3d 1545, 42 N.Y.S.3d 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-peacock-nyappdiv-2016.

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