People v. Guice

Appeal from a judgment of the Wyoming County Court (Mark H. Dadd, J.), rendered July 22, 2013. The judgment convicted defendant, upon his plea of guilty, of attempted promoting prison contraband in the first degree.
Norman P. Effman, Public Defender, Warsaw (Leah R. Nowotarski of Counsel), for Defendant–Appellant. Donald G. O'Geen, District Attorney, Warsaw (Marshall A. Kelly of Counsel), for Respondent.
MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of attempted promoting prison contraband in the first degree (Penal Law §§ 110.00, 205.25[2] ). The record establishes that defendant knowingly, voluntarily and intelligently waived the right to appeal ( see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145), and that valid waiver forecloses any challenge by defendant to the severity of the sentence ( see id. at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145; see generally People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, and WHALEN, JJ., concur.