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People v. LuperPeople v. Luper

Appellate Division of the Supreme Court of the State of New York
Dec 21, 2012
Versions:101 A.D.3d 1668
955 N.Y.2d 788

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). 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 [2006]). Although County Court’s colloquy was brief, defendant signed a detailed written waiver of the right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]), and he acknowledged to the court that he understood that he was forgoing the right to appeal (cf. People v Bradshaw, 18 NY3d 257, 267 [2011]). The valid waiver encompasses any challenge by defendant to the severity of the sentence (see Lopez, 6 NY3d at 255).

Present—Scudder, P.J., Fahey, Carni, Lindley and Sconiers, JJ.

Case Details

Case Name: People v. Luper
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 21, 2012
Citations: 101 A.D.3d 1668; 955 N.Y.2d 788
Court Abbreviation: N.Y. App. Div.
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