THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. TIMOTHY NICCLOY DEFENDANT APPELLANT (2017)

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TIMOTHY J. NICCLOY, DEFENDANT–APPELLANT.

KA 15–01728

Decided: June 09, 2017

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, NEMOYER, AND CURRAN, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT–APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (SHIRLEY A. GORMAN OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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 attempted menacing a police officer or peace officer (Penal Law §§ 110.00, 120.18), resisting arrest

(§ 205.30), and criminal possession of a weapon in the fourth degree (§ 265.01 [2] ). Contrary to defendant's contention, we conclude that the record demonstrates that defendant's waiver of the right to appeal was made knowingly, intelligently and voluntarily (see generally People v. Lopez, 6 NY3d 248, 256), and that “defendant ha[d] ‘a full appreciation of the consequences' of such waiver” (People v. Bradshaw, 18 NY3d 257, 264). We further conclude that the waiver encompasses defendant's challenge to the severity of his sentence (see Lopez, 6 NY3d at 255–256; People v. Hidalgo, 91 N.Y.2d 733, 737; cf. People v. Maracle, 19 NY3d 925, 928).

Frances E. Cafarell

Clerk of the Court

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