Narrative Opinion Summary
Judgment unanimously affirmed. The defendant appeals a conviction resulting from a guilty plea to two counts of first-degree criminal contempt under Penal Law § 215.51. The record shows that the defendant knowingly, intelligently, and voluntarily waived his right to appeal, referencing People v. Callahan. The argument that the sentence is excessively harsh does not hold due to this waiver, citing People v. Allen. Furthermore, considering the defendant's intentional breach of an order of protection and his extensive criminal history, the imposed sentence is deemed appropriate and not excessively severe. The appeal arises from the Erie County Court, presided over by Judge D’Amico, with the panel including Judges Pine, Hayes, Wisner, Boehm, and Fallon.
Legal Issues Addressed
Appropriateness of Sentencesubscribe to see similar legal issues
Application: The imposed sentence was deemed appropriate given the defendant's intentional breach of an order of protection and his extensive criminal history.
Reasoning: Furthermore, considering the defendant's intentional breach of an order of protection and his extensive criminal history, the imposed sentence is deemed appropriate and not excessively severe.
Excessive Sentence Claimsubscribe to see similar legal issues
Application: The defendant's claim that the sentence was excessively harsh was rejected due to the waiver of the right to appeal.
Reasoning: The argument that the sentence is excessively harsh does not hold due to this waiver, citing People v. Allen.
Waiver of Right to Appealsubscribe to see similar legal issues
Application: The defendant's waiver of the right to appeal was found to be knowing, intelligent, and voluntary, thus barring him from arguing that the sentence is excessively harsh.
Reasoning: The record shows that the defendant knowingly, intelligently, and voluntarily waived his right to appeal, referencing People v. Callahan.