People v Higgins
2017 NY Slip Op 04722 [151 AD3d 1765]
June 9, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 2, 2017


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 The People of the State of New York, Respondent, v Shane D. Higgins, Appellant.

David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of counsel), for defendant-appellant.

Theodore A. Brenner, Deputy District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent.

Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered June 18, 2015. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.

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 attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]). Contrary to defendant's contention, the record establishes that his waiver of the right to appeal was knowing, intelligent, and voluntary (see People v Lopez, 6 NY3d 248, 256 [2006]), and we conclude that the valid waiver encompasses his challenge to the severity of the sentence (see id. at 255-256; People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Centra, J.P., Lindley, DeJoseph, NeMoyer and Troutman, JJ.