People v. Roberson

Appellate Division of the Supreme Court of New York

People v. Roberson

149 A.D.3d 1596, 51 N.Y.S.3d 471

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

DecidedApril 28, 2017

StatusPublished

This text of 149 A.D.3d 1596 (People v. Roberson) 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. Roberson, 149 A.D.3d 1596, 51 N.Y.S.3d 471 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered February 24, 2015. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first 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 manslaughter in the first degree (Penal Law § 125.20 [1]). 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]). Defendant’s waiver of the right to appeal was a “general unrestricted waiver” that encompasses his contention that the sentence imposed is unduly harsh and severe (People v Hidalgo, 91 NY2d 733, 737 [1998]; see Lopez, 6 NY3d at 255-256; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

Present — Centra, J.P., Lindley, DeJo-seph, NeMoyer and Scudder, JJ.

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Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered February 24, 2015. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first 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 manslaughter in the first degree (Penal Law § 125.20 [1]). 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]). Defendant’s waiver of the right to appeal was a “general unrestricted waiver” that encompasses his contention that the sentence imposed is unduly harsh and severe (People v Hidalgo, 91 NY2d 733, 737 [1998]; see Lopez, 6 NY3d at 255-256; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

Present — Centra, J.P., Lindley, DeJo-seph, NeMoyer and Scudder, JJ.

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Bluebook (online)

149 A.D.3d 1596, 51 N.Y.S.3d 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roberson-nyappdiv-2017.

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