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People v. Streeter

144 A.D.3d 1544 Court N.Y. App. Div. Decision date 2016-11-10 English

Judges Present—Centra, J.P., Peradotto, DeJoseph, NeMoyer and Curran, JJ.

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p. 1544
The People of the State of New York, Respondent, v Lester M. Streeter, Appellant. (Appeal No. 1.)
[40 NYS3d 344]—

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered February 5, 2015. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree.

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

Present—Centra, J.P., Peradotto, DeJoseph, NeMoyer and Curran, JJ.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]). 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]).

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