People v. Green, 387

CourtNew York Supreme Court Appellate Division
Citation72 N.Y.S.3d 870 (Mem),160 A.D.3d 1422
Decision Date27 April 2018
Parties The PEOPLE of the State of New York, Respondent, v. Nicole L. GREEN, also Known as Nicole Green, Defendant–Appellant.
Docket Number387,KA 16–00295

160 A.D.3d 1422
72 N.Y.S.3d 870 (Mem)

The PEOPLE of the State of New York, Respondent,
v.
Nicole L. GREEN, also Known as Nicole Green, Defendant–Appellant.

387
KA 16–00295

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

Entered: April 27, 2018


THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO, BARCLAY DAMON LLP (BRIDGET C. STEELE OF COUNSEL), FOR DEFENDANT–APPELLANT.

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (SHIRLEY A. GORMAN OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., CENTRA, NEMOYER, CURRAN, AND TROUTMAN, JJ.

MEMORANDUM AND ORDER

Memorandum:

Defendant appeals from a judgment convicting her upon her plea of guilty of attempted burglary in the second degree ( Penal Law §§ 110.00, 140.25 [2] ). Contrary to

defendant's contention, the record establishes that she 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 [2006] ). That valid waiver forecloses defendant's challenge 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 [1998] ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ).

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

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2 practice notes
  • People v. Thomas, No. 87, No. 88, No. 89
    • United States
    • New York Court of Appeals
    • November 26, 2019
    ...sentences imposed. The Appellate Division affirmed, declining to review the sentence claim as precluded by a valid appeal waiver ( 160 A.D.3d 1422, 72 N.Y.S.3d 870 [4th Dept. 2018] ). A Judge of this Court granted defendant leave to appeal ( 32 N.Y.3d 1004, 86 N.Y.S.3d 762, 111 N.E.3d 1118 ......
  • People v. Green, 387/18
    • United States
    • New York Supreme Court — Appellate Division
    • December 20, 2019
    ...Appeals ( People v. Thomas, ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2019 N.Y. Slip Op. 08545 [2019], revg People v. Green, 160 A.D.3d 1422, 72 N.Y.S.3d 870 [4th Dept. 2018] ). We previously affirmed the judgment convicting defendant upon her plea of guilty of attempted burglary......
2 cases
  • People v. Thomas, No. 87, No. 88, No. 89
    • United States
    • New York Court of Appeals
    • November 26, 2019
    ...sentences imposed. The Appellate Division affirmed, declining to review the sentence claim as precluded by a valid appeal waiver ( 160 A.D.3d 1422, 72 N.Y.S.3d 870 [4th Dept. 2018] ). A Judge of this Court granted defendant leave to appeal ( 32 N.Y.3d 1004, 86 N.Y.S.3d 762, 111 N.E.3d 1118 ......
  • People v. Green, 387/18
    • United States
    • New York Supreme Court — Appellate Division
    • December 20, 2019
    ...Appeals ( People v. Thomas, ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2019 N.Y. Slip Op. 08545 [2019], revg People v. Green, 160 A.D.3d 1422, 72 N.Y.S.3d 870 [4th Dept. 2018] ). We previously affirmed the judgment convicting defendant upon her plea of guilty of attempted burglary......

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