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People v. Stauder

Supreme Court of New York, Fourth Department

July 19, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
GERALD J. STAUDER, DEFENDANT-APPELLANT.

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered May 1, 2012. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (MARY-JEAN BOWMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

GERALD J. STAUDER, DEFENDANT-APPELLANT PRO SE.

MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (LAURA T. BITTNER OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND VALENTINO, JJ.

MEMORANDUM

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

Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the second degree (Penal Law § 120.05 [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 N.Y.3d 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 N.Y.2d 825, 827; People v Hidalgo, 91 N.Y.2d 733, 737).

We have considered defendant's contentions in his pro se supplemental brief and conclude that they are without merit.


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