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The People of the State of New York v. Fredrick Mills

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


February 8, 2013

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
FREDRICK MILLS,
DEFENDANT-APPELLANT.

Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered September 7, 2011.

People v Mills

Released on February 8, 2013

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.

PRESENT: SCUDDER, P.J., FAHEY, LINDLEY, VALENTINO, AND MARTOCHE, JJ.

The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting himupon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]). 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), and that valid waiver forecloses any challenge to the severity of the sentence (see id. at 255-256; People v Scott, 272 AD2d 783, 784; see generally People v Lococo, 92 NY2d 825, 827; People v Hidalgo, 91 NY2d 733, 737). In any event, the sentence is not unduly harsh or severe.

Entered: February 8, 2013

Frances E. Cafarell Clerk of the Court

20130208

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