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People v. White

Supreme Court of New York, Fourth Department

December 27, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
GARY E. WHITE, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered February 21, 2012. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the third degree.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DAVID R. PANEPINTO OF COUNSEL), FOR RESPONDENT.

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

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

Memorandum: Defendant appeals from two judgments convicting him, respectively, upon his plea of guilty of attempted burglary in the third degree (Penal Law §§ 110.00, 140.20), and upon his plea of guilty of grand larceny in the fourth degree (§ 155.30 [5]). Contrary to defendant's contention in each appeal, 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 in each appeal (see id. at 255; see generally People v Lococo, 92 N.Y.2d 825, 827; People v Hidalgo, 91 N.Y.2d 733, 737).


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