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THE PEOPLE OF THE STATE OF NEW YORK v JAMES J. GOULD

THE PEOPLE OF THE STATE OF NEW YORK v JAMES J. GOULD

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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,V JAMES J. GOULD, DEFENDANT-APPELLANT.DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OFCOUNSEL), FOR DEFENDANT-APPELLANT.CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDTOF COUNSEL), FOR RESPONDENT.Appeal from a judgment of the Niagara County Court (Sara Sheldon,J.), rendered July 27, 2016. The judgment convicted defendant, uponhis plea of guilty, of attempted burglary in the third degree.It is hereby ORDERED that the judgment so appealed from isunanimously affirmed.Memorandum: On appeal from a judgment convicting him upon hisplea of guilty of attempted burglary in the third degree (Penal Law§§ 110.00, 140.20), defendant contends that his waiver of the right toappeal is not valid, and he challenges the severity of the sentence.Contrary to defendant’s contention, the record establishes that hevoluntarily, knowingly and intelligently waived the right to appeal(see generally People v Lopez, 6 NY3d 248, 256 [2006]). The validwaiver of the right to appeal encompasses his challenge to theseverity of the sentence (see People v Lococo, 92 NY2d 825, 827[1998];cf. People v Maracle, 19 NY3d 925, 928 [2012]).Entered: June 8, 2018 Mark W. BennettClerk of the Court 

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