People v. Ward — 112 A.D.3d 1358

Majority

p. 1358

The People of the State of New York, Respondent, v William M. Ward, Appellant.

[977 NYS2d 643]

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.),

p. 1359

rendered April 10, 2012. The judgment convicted defendant, upon his plea of guilty, of rape 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 rape in the second degree (Penal Law § 130.30 [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., Peradotto, Garni, Sconiers and Whalen, JJ.

Cases cited

People v. Lopez 6 NY3d 248 N.Y. 2006-02-16 at 256 p. 1359
People v. Lococo 92 NY2d 825 N.Y. 1998-06-04 at 827 p. 1359
People v. Hidalgo 91 NY2d 733 N.Y. 1998-06-04 at 737 p. 1359