Majority
p. 1469The People of the State of New York, Respondent, v Robert Gwynn, Jr., Appellant. [965 NYS2d 912]
Appeal from a
p. 1470
judgment of the Supreme Court, Erie County (Timothy J. Drury, J.), rendered July 25, 2007. The judgment convicted defendant, upon his plea of guilty, of murder 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 murder in the second degree (Penal Law § 125.25 [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 — Centra, J.P., Fahey, Carni and Sconiers, JJ.
Cases cited
- People v. Lopez 6 NY3d 248 at 256 p. 1470
- People v. Lococo 92 NY2d 825 at 827 p. 1470
- People v. Hidalgo 91 NY2d 733 at 737 p. 1470