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People v. Thorpe

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 843 (N.Y. App. Div. 2000)

Opinion

February 16, 2000

Appeal from Judgment of Monroe County Court, Marks, J. — Assault, 2nd Degree.

PRESENT: WISNER, J. P., HURLBUTT, SCUDDER AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon a plea of guilty of assault in the second degree (Penal Law § 120.05). We reject the People's contention that, by not moving to withdraw his plea or vacate the judgment of conviction, defendant failed to preserve for our review his contention concerning the validity of the waiver of the right to appeal ( cf., People v. Doty, 267 A.D.2d 616 [decided Dec. 9, 1999]; People v. Rumberger, 262 A.D.2d 801; People v. Dopp, 261 A.D.2d 715; People v. Tuper, 256 A.D.2d 636, lv denied 92 N.Y.2d 1039). Preservation was not required. "The role of the appellate courts is to review the record to ensure that the defendant's waiver reflects a knowing, intelligent and voluntary choice" ( People v. Hidalgo, 91 N.Y.2d 733, 736). The record establishes that defendant's waiver was knowing, intelligent and voluntary ( see, People v. Callahan, 80 N.Y.2d 273, 280). That waiver encompasses defendant's contention that the sentence is unduly harsh or severe ( see, People v. Hidalgo, supra, at 737).


Summaries of

People v. Thorpe

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 843 (N.Y. App. Div. 2000)
Case details for

People v. Thorpe

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JAMES P. THORPE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 16, 2000

Citations

269 A.D.2d 843 (N.Y. App. Div. 2000)
703 N.Y.S.2d 767

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