Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Gregory Bates, Also Known as Gino, Appellant
115 A.D.3d 1226982 N.Y.S.2d 422·New York Supreme Court, Appellate Division·2014·NY
Present— Scudder, PJ., Smith, Carni, Lindley and Sconiers, JJ.
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Opinion
The People of the State of New York, Respondent, v Gregory Bates, Also Known as Gino, Appellant.
[982 NYS2d 422]
[MAJORITY]
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered August 21, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree.
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 criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [1]). The record establishes that defendant knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see id. at 255; see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).
Present— Scudder, PJ., Smith, Carni, Lindley and Sconiers, JJ.