People v Vincent
2014 NY Slip Op 00804 [114 AD3d 1171]
February 7, 2014
Appellate Division, Fourth Department
As corrected through Wednesday, March 26, 2014


The People of the State of New York,Respondent,
v
Wilmon Vincent, Appellant.

[*1]The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert B. Hallborg, Jr., ofcounsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of counsel), forrespondent.

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), renderedMarch 2, 2011. The judgment convicted defendant, upon his plea of guilty, ofmanslaughter 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 ofguilty of manslaughter in the first degree (Penal Law § 125.20 [1]). Contrary todefendant's contention, he knowingly, voluntarily and intelligently waived the right toappeal (see generally People vLopez, 6 NY3d 248, 256 [2006]), and that valid waiver of the right to appealencompasses his challenge to the severity of the bargained-for sentence (see id. at255; see generally People v Lococo, 92 NY2d 825, 827 [1998]; People vHidalgo, 91 NY2d 733, 737 [1998]). Present—Scudder, P.J., Fahey,Peradotto, Lindley and Sconiers, JJ.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.