Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Lester M. Streeter, Appellant. (Appeal No. 1.)
144 A.D.3d 154440 N.Y.S.3d 344·New York Supreme Court, Appellate Division·2016·NY
Present—Centra, J.P., Peradotto, DeJoseph, NeMoyer and Curran, JJ.
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Opinion
The People of the State of New York, Respondent, v Lester M. Streeter, Appellant. (Appeal No. 1.)
[40 NYS3d 344]—
[MAJORITY]
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered February 5, 2015. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Present—Centra, J.P., Peradotto, DeJoseph, NeMoyer and Curran, JJ.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]). 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 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]).