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The People of the State of New York v. Richard A. Simmons

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 8, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
RICHARD A. SIMMONS, JR.,
DEFENDANT-APPELLANT.

Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered May 11, 2011.

People v Simmons

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.

Decided on June 8, 2012

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND MARTOCHE, JJ.

The judgment convicted defendant, upon his plea of guilty, of assault 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 assault in the second degree (Penal Law § 120.05 [2]). Defendant's valid unrestricted waiver of the right to appeal forecloses any challenge to the severity of the sentence (see generally People v Lopez, 6 NY3d 248, 256; People v Hidalgo, 91 NY2d 733, 737).

Entered: June 8, 2012

Frances E. Cafarell Clerk of the Court

20120608

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