People v. Wilson

• Decision Date: 15 March 2019
• Docket Number: 293,KA 18–00242
• Citation: 94 N.Y.S.3d 527 (Mem),170 A.D.3d 1532
• Parties: The PEOPLE of the State of New York, Respondent, v. Brian WILSON, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

170 A.D.3d 1532
94 N.Y.S.3d 527 (Mem)

The PEOPLE of the State of New York, Respondent,
v.
Brian WILSON, Defendant–Appellant.

293
KA 18–00242

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

Entered: March 15, 2019

LINDA M. CAMPBELL, SYRACUSE, FOR DEFENDANT–APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (NICOLE K. INTSCHERT OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., CARNI, LINDLEY, NEMOYER, AND CURRAN, JJ.

MEMORANDUM AND ORDER

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 manslaughter in the first degree ( Penal Law § 125.20[4] ). Defendant validly waived his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ; People v. Colon, 122 A.D.3d 1309, 1309, 995 N.Y.S.2d 429 [4th Dept. 2014], lv denied 25 N.Y.3d 1200, 16 N.Y.S.3d 522, 37 N.E.3d 1165 [2015] ), and that waiver encompasses his challenge to the severity of the sentence (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ).