100 A.D.3d 1443 953 N.Y.S.2d 536

The People of the State of New York, Respondent, v Cori L. Hubert, Appellant.

[953 NYS2d 536]

— Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), *1444rendered June 1, 2011. The judgment convicted defendant, upon her plea of guilty, of criminal sale of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31). Contrary to defendant’s contention, the record establishes that she 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]). Present — Smith, J.P, Fahey, Sconiers, Valentino and Whalen, JJ.

People v. Hubert
100 A.D.3d 1443 953 N.Y.S.2d 536

Case Details

Name
People v. Hubert
Decision Date
Nov 9, 2012
Citations

100 A.D.3d 1443

953 N.Y.S.2d 536

Jurisdiction
New York

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