Appellate Division of the Supreme Court of New York, 2012

People v. Howard

People v. Howard
Appellate Division of the Supreme Court of New York · Decided June 29, 2012
96 A.D.3d 1696; 946 N.Y.S.2d 917
People v. Howard

Opinion of the Court

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered February 20, 2009. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting *1697him upon his plea of guilty of robbery in the second degree (Penal Law § 160.10 [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]), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see id. at 255; see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]). Present — Centra, J.P., Fahey, Peradotto, Carni and Sconiers, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.