THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JONAS PEACOCK DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JONAS PEACOCK, DEFENDANT–APPELLANT.

KA 15–00019

Decided: December 23, 2016

PRESENT:  WHALEN, P.J., SMITH, PERADOTTO, NEMOYER, AND SCUDDER, JJ. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (DEBORAH K. JESSEY OF COUNSEL), FOR DEFENDANT–APPELLANT. MICHAEL J. FLAHERTY, JR., ACTING DISTRICT ATTORNEY, BUFFALO (DAVID A. HERATY 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 strangulation in the second degree (Penal Law §§ 110.00, 121.12).  Contrary to defendant's contention, the record establishes that he knowingly, intelligently, and voluntarily waived his right to appeal (see generally People v. Lopez, 6 NY3d 248, 256).  The valid waiver of the right to appeal encompasses his challenge to the severity of the sentence (see id. at 255;  People v. Lococo, 92 N.Y.2d 825, 827).

Frances E. Cafarell

Clerk of the Court