Majority
p. 1572The People of the State of New York, Respondent, v Joshua D. McCarthy, Appellant. (Appeal No. 1.) [44 NYS3d 667]
—Appeal from a judgment of the Wyoming County Court (Michael M. Mohun, J.), rendered December 4, 2014. The judgment convicted defendant, upon his plea of guilty, of aggravated criminal contempt, menacing a police officer or peace officer, and attempted aggravated assault upon a police officer or a peace officer.
It is hereby ordered that said appeal from the judgment insofar as it imposed sentence on the conviction of menacing a police officer or peace officer is unanimously dismissed and the judgment is affirmed.
Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of aggravated
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criminal contempt (Penal Law § 215.52), menacing a police officer or peace officer (§ 120.18), and attempted aggravated assault upon a police officer or a peace officer (§§ 110.00, 120.11) and, in appeal No. 2, he appeals from the resentence imposed on the conviction of menacing a police officer or peace officer. Contrary to defendant’s contention in appeal No. 1, 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 and resentence (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, NeMoyer, Curran and Troutman, JJ.
Cases cited
- People v. Lopez 6 NY3d 248 at 256 p. 1573
- People v. Lococo 92 NY2d 825 at 827 p. 1573
- People v. Hidalgo 91 NY2d 733 at 737 p. 1573