Appellate Division of the Supreme Court of New York, 2016

People v. Johnson

People v. Johnson
Appellate Division of the Supreme Court of New York · Decided December 23, 2016 · Curran, Dejoseph, Scudder, Smith
145 A.D.3d 1527; 42 N.Y.S.3d 916
People v. Johnson

Opinion of the Court

Appeal from a judgment of the Supreme Court, Erie County (M. William Boiler, A.J.), rendered November 25, 2014. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first 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 manslaughter in the first degree (Penal Law § 125.20 [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—Smith, J.P., DeJoseph, Curran and Scudder, JJ.

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