| People v Taggart |
| 2015 NY Slip Op 00117 [124 AD3d 1362] |
| January 2, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vJacob J. Taggart, Appellant. |
Yvonne A. Vertlieb, Lancaster, for defendant-appellant.
Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.),rendered March 21, 2013. The judgment convicted defendant, upon his plea of guilty, ofattempted gang assault in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of attempted gang assault in the second degree (Penal Law§§ 110.00, 120.06). Contrary to defendant's contention, the recordestablishes 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 bydefendant to the severity of the sentence (see id. at 255; see generally Peoplev Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737[1998]). Present—Smith, J.P., Peradotto, Carni, Valentino and DeJoseph, JJ.