119 A.D.3d 1384 988 N.Y.S.2d 401

The People of the State of New York, Respondent, v Kenneth W. Houghton, Jr., Appellant.

[988 NYS2d 401]

Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), rendered April 24, 2013. The judgment convicted defendant, upon his plea of guilty, of reckless endangerment in the first degree and attempted assault 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 his plea of guilty of reckless endangerment in the first degree (Penal Law § 120.25) and attempted assault in the second degree (§§ 110.00, 120.05 [3]). Contrary to defendant’s contention, the record establishes that he knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see id. at 255; see generally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).

Present — Smith, J.E, Carni, Lindley, Valentino and Whalen, JJ.

People v. Houghton
119 A.D.3d 1384 988 N.Y.S.2d 401

Case Details

Name
People v. Houghton
Decision Date
Jul 3, 2014
Citations

119 A.D.3d 1384

988 N.Y.S.2d 401

Jurisdiction
New York

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