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People v. Tillman

138 A.D.3d 1485 Court N.Y. App. Div. Decision date 2016-04-29 English

Judges Present — Centra, J.P., Carni, DeJoseph, Curran and Scudder, JJ.

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p. 1485
The People of the State of New York, Respondent, v Samuel Tillman, Appellant.
[29 NYS3d 215]

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered May 7, 2013. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.

p. 1486
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 assault in the second degree (Penal Law § 120.05 [2]). 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., Carni, DeJoseph, Curran and Scudder, JJ.

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