TEXIDOR, III, ROBERTO, PEOPLE v ( 2014 )


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  •            SUPREME COURT OF THE STATE OF NEW YORK
    Appellate Division, Fourth Judicial Department
    190
    KA 12-01346
    PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND WHALEN, JJ.
    THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
    V                               MEMORANDUM AND ORDER
    ROBERTO TEXIDOR, III, DEFENDANT-APPELLANT.
    THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF
    COUNSEL), FOR DEFENDANT-APPELLANT.
    FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF
    COUNSEL), FOR RESPONDENT.
    Appeal from a judgment of the Erie County Court (Sheila A.
    DiTullio, J.), rendered July 10, 2012. The judgment convicted
    defendant, upon his plea of guilty, of criminal possession of a weapon
    in the second 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 criminal possession of a weapon in the
    second degree (Penal Law § 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), 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; People v
    Hidalgo, 91 NY2d 733, 737).
    Entered:   March 21, 2014                          Frances E. Cafarell
    Clerk of the Court
    

Document Info

Docket Number: KA 12-01346

Filed Date: 3/21/2014

Precedential Status: Precedential

Modified Date: 10/8/2016