People v. Lococo

New York Court of Appeals
People v. Lococo, 699 N.E.2d 416 (N.Y. 1998)
92 N.Y.2d 825; 677 N.Y.S.2d 57
Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley Concur

People v. Lococo

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Erie County Court should be affirmed in each case.

Defendants contend that they did not waive their right to appeal the severity of the court’s sentence. We disagree.

Each defendant voluntarily, knowingly and intelligently waived the right to appeal from any and all aspects of their case, including the severity of the sentence (see, People v Hidalgo, 91 NY2d 733 [decided today]; People v Allen, 82 NY2d 761; People v Seaberg, 74 NY2d 1). While defendants did not know the specific sentence at the time of the waiver, they did know the maximum sentence the trial court could impose in its discretion. Since defendants knew the maximum exposure they could face upon pleading guilty, the waiver of their right to challenge the sentence in each case was knowing and intelligent (see, People v Hidalgo, supra; People v Callahan, 80 NY2d 273).

Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

In each case: Order affirmed in a memorandum.

Reference

Full Case Name
The People of the State of New York, Respondent, v. Ellen M. Lococo and Michael J. Lococo, Appellants; The People of the State of New York, Respondent, v. Jeffrey Stanley, Appellant
Cited By
696 cases
Status
Published