Hyperlawhypertext legal database People v. Henry 126 A.D.3d 1350

← Cases

People v. Henry

126 A.D.3d 1350 Court N.Y. App. Div. Decision date 2015-03-20 English

Judges Present — Peradotto, J.P., Carni, Sconiers and Whalen, JJ.

Contents

Majority

p. 1350
The People of the State of New York, Respondent, v Amanda M. Henry, Appellant.
[3 NYS3d 680]

Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.). rendered July 12, 2013. The judgment convicted defendant, upon her plea of guilty, of assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of assault in the second degree (Penal Law § 120.05 [2]). The record establishes that defendant knowingly, voluntarily and intelligently waived her right to appeal (see generally People v Lopez, 6 NY3d 248 , 256 [2006]), and that valid waiver encompasses her challenge to the severity of the sentence (see generally People v Lococo, 92 NY2d 825 , 827 [1998]; People v Hidalgo, 91 NY2d 733 , 737 [1998]).

Present — Peradotto, J.P., Carni, Sconiers and Whalen, JJ.

Cases cited