| People v Niccloy |
| 2017 NY Slip Op 04693 [151 AD3d 1740] |
| June 9, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Timothy J. Niccloy, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of counsel), fordefendant-appellant.
Lawrence Friedman, District Attorney, Batavia (Shirley A. Gorman of counsel), forrespondent.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), renderedSeptember 10, 2015. The judgment convicted defendant, upon his plea of guilty, of attemptedmenacing a police officer or peace officer, resisting arrest and criminal possession of a weapon inthe fourth 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 ofattempted menacing a police officer or peace officer (Penal Law §§ 110.00,120.18), resisting arrest (§ 205.30), and criminal possession of a weapon in thefourth degree (§ 265.01 [2]). Contrary to defendant's contention, we conclude thatthe record demonstrates that defendant's waiver of the right to appeal was made knowingly,intelligently and voluntarily (seegenerally People v Lopez, 6 NY3d 248, 256 [2006]), and that "defendant ha[d] 'a fullappreciation of the consequences' of such waiver" (People v Bradshaw, 18 NY3d 257, 264 [2011]). We furtherconclude that the waiver encompasses defendant's challenge to the severity of his sentence(see Lopez, 6 NY3d at 255-256; People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d925, 928 [2012]). Present—Centra, J.P., Peradotto, Carni, NeMoyer and Curran,JJ.