People v. Myles, 1497

• Decision Date: 22 December 2017
• Docket Number: 1497,KA 17–00017
• Parties: The PEOPLE of the State of New York, Respondent, v. Anthony C. MYLES, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

156 A.D.3d 1474
65 N.Y.S.3d 825 (Mem)

The PEOPLE of the State of New York, Respondent,
v.
Anthony C. MYLES, Defendant–Appellant.

1497
KA 17–00017

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

Entered: December 22, 2017

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT–APPELLANT.

CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, CURRAN, AND TROUTMAN, JJ.

65 N.Y.S.3d 826

MEMORANDUM AND ORDER

Memorandum:

156 A.D.3d 1474

Defendant appeals from a judgment convicting him upon his plea of guilty of attempted criminal sexual act in the first degree ( Penal Law §§ 110.00, 130.50[3] ). Contrary to defendant's contention, the record establishes that his waiver of the right to appeal was knowing, intelligent, and voluntary

156 A.D.3d 1475

(see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), and we conclude that the valid waiver encompasses his challenge to the severity of the sentence (see People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ; cf. People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 [2012] ).

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