Appellate Division of the Supreme Court of New York, 2015

People v. Butler

People v. Butler
Appellate Division of the Supreme Court of New York · Decided November 13, 2015
133 A.D.3d 1238; 18 N.Y.S.3d 902
People v. Butler

Opinion of the Court

Appeal from a judgment of the Oswego County Court (Donald E. Todd, J.), rendered June 9, 2014. The judgment convicted defendant, upon his plea of guilty, of unlawful manufacture of methamphetamine in the third 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 unlawful manufacture of methamphetamine in the third degree (Penal Law ยง 220.73 [1]). We conclude that the record establishes that defendant knowingly, voluntarily and intelligently waived his right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver encompasses his challenge to the severity of the sentence (see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]). Present โ€” Scudder, P.J., Centra, Carni, Whalen and DeJoseph, JJ.

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