People v. McKinnon, 133 A.D.3d 1230 (N.Y. App. Div. 4th Dep't 2015). · Go Syfert
People v. McKinnon, 133 A.D.3d 1230 (N.Y. App. Div. 4th Dep't 2015). Cases Citing This Book View Copy Cite
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The People of the State of New York
v.
Jordan McKinnon
Appellate Division of the Supreme Court of the State of New York.
Nov 13, 2015.
Published opinion
133 A.D.3d 1230
Published

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered May 14, 2014. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the first 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 attempted burglary in the first degree (Penal Law §§ 110.00, 140.30 [1]). 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 his challenge to the severity of the[*1231] 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.P., Peradotto, Carni, Whalen and DeJoseph, JJ.