People v Powell

People v Powell 2014 NY Slip Op 00747 Released on February 7, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on February 7, 2014
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND WHALEN, JJ.
2 KA 12-02291

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

JIMMIE L. POWELL, III, DEFENDANT-APPELLANT.


Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered November 1, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal sexual act in the third degree.


DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (LAURA T. BITTNER OF COUNSEL), FOR RESPONDENT.


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 sexual act in the third degree (Penal Law § 130.40 [2]). Contrary to defendant's contention,the record establishes thatheknowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256), 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; People v Hidalgo, 91 NY2d 733, 737).
Entered: February 7, 2014
Frances E. Cafarell
Clerk of the Court