Majority
p. 1590The People of the State of New York, Respondent, v. Patrick J. Dailey, Appellant. [40 NYS3d 314]
Appeal from a judgment of the Niagara County Court (Sara Sheldon Farkas, J.), rendered February 27, 2015. The judgment convicted defendant, upon his plea of guilty, of attempted sexual abuse in the first 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 attempted sexual abuse in the first degree (Penal Law §§ 110.00, 130.65 [3]). Contrary to defendant’s contention, the record establishes that he know
p. 1591
ingly, 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—Whalen, P.J., Peradotto, NeMoyer, Curran and Troutman, JJ.
Cases cited
- People v. Lopez 6 NY3d 248 at 256 p. 1591
- People v. Lococo 92 NY2d 825 at 827 p. 1591
- People v. Hidalgo 91 NY2d 733 at 737 p. 1591