People v. Dunmeyer

CourtNew York Supreme Court Appellate Division
Citation2015 N.Y. Slip Op. 01321,125 A.D.3d 1478,999 N.Y.S.2d 917
PartiesThe PEOPLE of the State of New York, Respondent, v. Antiwon J. DUNMEYER, Defendant–Appellant.
Decision Date13 February 2015

?125 A.D.3d 1478
999 N.Y.S.2d 917
2015 N.Y. Slip Op. 01321

The PEOPLE of the State of New York, Respondent,
v.
Antiwon J. DUNMEYER, Defendant–Appellant.

Supreme Court, Appellate Division, Fourth Department, New York.

Feb. 13, 2015


Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered February 26, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal contempt in the first degree and aggravated criminal contempt.
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for Defendant–Appellant.

Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of Counsel), for Respondent.


MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of criminal contempt in the first degree (Penal Law § 215.51[b][vi] ) and aggravated criminal contempt (§ 215.52[1] ). 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 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145), and that valid waiver forecloses any challenge by defendant to the severity of the sentence ( see id. at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145; see generally People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46).

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

SMITH, J.P., CARNI, LINDLEY, and VALENTINO, JJ., concur.

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