Appellate Division of the Supreme Court of New York, 2012

People v. Hubert

People v. Hubert
Appellate Division of the Supreme Court of New York · Decided November 9, 2012
100 A.D.3d 1443; 953 N.Y.S.2d 536
People v. Hubert

Cases that cite this one

3 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), *1444rendered June 1, 2011. The judgment convicted defendant, upon her plea of guilty, of criminal sale of a controlled substance in the fifth degree.

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

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31). Contrary to defendant’s contention, the record establishes that she 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]). Present — Smith, J.P, Fahey, Sconiers, Valentino and Whalen, JJ.

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