People v. Weisbrod

Appellate Division of the Supreme Court of New York

People v. Weisbrod

2017 NY Slip Op 5388, 151 A.D.3d 1964, 54 N.Y.S.3d 909

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

DecidedJune 30, 2017

Docket926 KA 14-00728

StatusPublished

This text of 2017 NY Slip Op 5388 (People v. Weisbrod) 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. Weisbrod, 2017 NY Slip Op 5388, 151 A.D.3d 1964, 54 N.Y.S.3d 909 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered January 7, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a forged instrument 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 criminal possession of a forged instrument in the second degree (Penal Law § 170.25). 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]), and that valid waiver constitutes a general unrestricted waiver that forecloses any challenge by defendant to the severity of the sentence (see id. at 255-256; People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

Present — Peradotto, J.P., Garni, Lindley, Curran and Trout-man, JJ.

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Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered January 7, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a forged instrument 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 criminal possession of a forged instrument in the second degree (Penal Law § 170.25). 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]), and that valid waiver constitutes a general unrestricted waiver that forecloses any challenge by defendant to the severity of the sentence (see id. at 255-256; People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

Present — Peradotto, J.P., Garni, Lindley, Curran and Trout-man, JJ.

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Bluebook (online)

2017 NY Slip Op 5388, 151 A.D.3d 1964, 54 N.Y.S.3d 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-weisbrod-nyappdiv-2017.

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