People v. O'Harrow

• Decision Date: 14 June 2013
• Citation: 107 A.D.3d 1601,966 N.Y.S.2d 730,2013 N.Y. Slip Op. 04524
• Parties: The PEOPLE of the State of New York, Respondent, v. William O'HARROW, Defendant–Appellant. (Appeal No. 1.)
• Court: New York Supreme Court — Appellate Division

107 A.D.3d 1601

966 N.Y.S.2d 730

2013 N.Y. Slip Op. 04524

The PEOPLE of the State of New York, Respondent,

v.William O'HARROW, Defendant–Appellant. (Appeal No. 1.)

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

June 14, 2013.

Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), renderedOctober 5, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree and burglary in the third degree.

David J. Farrugia, Public Defender, Lockport (Mary–Jean Bowman of Counsel), for Defendant–Appellant.

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

MEMORANDUM:

In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25[2] ), and burglary in the third degree (§ 140.20). In appeal No. 2, he appeals from a resentence with respect to the conviction of burglary in the third degree. 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 in each appeal ( 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 said appeal from the judgment insofar as it imposed sentence on the conviction of burglary in the third degree is unanimously dismissed and the judgment is otherwise affirmed.

CENTRA, J.P., PERADOTTO, SCONIERS, VALENTINO, and WHALEN, JJ., concur.