Majority
p. 1129The People of the State of New York, Respondent, v William L. Smith, Appellant. [57 NYS3d 918]
Appeal from a judgment of the Monroe County Court (John L. DeMarco, J.), rendered June 12, 2013. The judgment convicted defendant, upon his plea of guilty, of attempted course of sexual conduct against a child 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 course of sexual conduct against a child in the first degree (Penal Law §§ 110.00,
p. 1130
130.75 [1] [b]). Contrary to defendant’s contention, the record establishes that he knowingly, voluntarily, and intelligently waived his right to appeal (see generally People v Lopez, 6 NY3d 248 , 255-256 [2006]), and we conclude that the valid waiver encompasses his challenge to the severity of the sentence (see People v Hidalgo, 91 NY2d 733 , 737 [1998]).
Present — Carni, J.P., Curran, Troutman, Winslow and Scudder, JJ.
Cases cited
- People v. Lopez 6 NY3d 248 at 255-256 p. 1130
- People v. Hidalgo 91 NY2d 733 at 737 p. 1130