THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. MICHAEL CELI DEFENDANT APPELLANT

Reset A A Font size: Print

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICHAEL H. CELI, DEFENDANT–APPELLANT.

KA 15–00654

Decided: April 28, 2017

PRESENT:  WHALEN, P.J., SMITH, CENTRA, TROUTMAN, AND SCUDDER, JJ. THEODORE W. STENUF, MINOA, FOR DEFENDANT–APPELLANT. GREGORY S. OAKES, DISTRICT ATTORNEY, OSWEGO (AMY L. HALLENBECK 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 a plea of guilty of murder in the second degree (Penal Law

§ 125.25 [3] ).  Defendant's valid waiver of the right to appeal forecloses our review of his challenge to County Court's suppression ruling (see People v. Kemp, 94 N.Y.2d 831, 833), and his challenge to the severity of the sentence (see People v. Hidalgo, 91 N.Y.2d 733, 737).

Frances E. Cafarell

Clerk of the Court