Appellate Division of the Supreme Court of New York, 2013

People v. Porterfield

Appellate Division of the Supreme Court of New York · Decided June 7, 2013

107 A.D.3d 1478; 965 N.Y.S.2d 922

Cases that cite this one

2 later published cases cite this decision.

People v. Muti (Appellate Division of the Supreme Court of New York 2019)
People v. Jirdon (Appellate Division of the Supreme Court of New York 2018)

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 Erie County Court (Sheila A. DiTullio, J.), rendered August 25, 2011. The judgment convicted defendant, upon his plea of guilty, of course of sexual conduct against a child 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 course of sexual conduct against a child in the second degree (Penal Law § 130.80 [1] [a]). 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]). That valid waiver encompasses defendant’s contention that *1479County Court erred in refusing to suppress his statements to the police (see People v Mack, 96 AD3d 1689, 1689 [2012], lv denied 19 NY3d 1027 [2012]; People v Aguayo, 37 AD3d 1081, 1081 [2007], lv denied 8 NY3d 981 [2007]), as well as his challenge to the severity of the sentence (see Lopez, 6 NY3d at 255; People v Lococo, 92 NY2d 825, 827 [1998]). Present — Smith, J.P., Fahey, Carni, Valentino and Whalen, JJ.

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