New York Court of Appeals, 1998

People v. Lococo

New York Court of Appeals · Decided June 4, 1998 · Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley Concur

699 N.E.2d 416; 92 N.Y.2d 825; 677 N.Y.S.2d 57 (North Eastern Reporter, Second Series)

Cases that cite this one

672 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Chapman (Appellate Division of the Supreme Court of New York 2020)
People v. Kulczyk (Appellate Division of the Supreme Court of New York 2019)
People v. Stevenson (Appellate Division of the Supreme Court of New York 2019)
KOPPER, SCOTT A., PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
People v. Kopper (Appellate Division of the Supreme Court of New York 2016)
People v. Kopper (Appellate Division of the Supreme Court of New York 2016)
BUSH, JR., JON H., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
People v. Bush (Appellate Division of the Supreme Court of New York 2015)
People v. Bush (Appellate Division of the Supreme Court of New York 2015)
GRANT, BRAVEON, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
People v. Harper (Appellate Division of the Supreme Court of New York 2005)
People v. Purdue (Appellate Division of the Supreme Court of New York 2004)
People v. Espino (Appellate Division of the Supreme Court of New York 2001)
People v. Miles (Appellate Division of the Supreme Court of New York 1999)
People v. Manning (Appellate Division of the Supreme Court of New York 2026)
People v. Rodriguez (Appellate Division of the Supreme Court of New York 2025)
People v. Faison (Appellate Division of the Supreme Court of New York 2025)
People v. Mahoney (Appellate Division of the Supreme Court of New York 2024)
People v. Carson (Appellate Division of the Supreme Court of New York 2023)
People v. Lollie (Appellate Division of the Supreme Court of New York 2022)
People v. Carr (Appellate Division of the Supreme Court of New York 2022)
People v. Barber (Appellate Division of the Supreme Court of New York 2022)
People v. Barber (Appellate Division of the Supreme Court of New York 2022)
People v. Work (Appellate Division of the Supreme Court of New York 2020)
People v. Kareem F. (Appellate Division of the Supreme Court of New York 2020)

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

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.

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