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PEOPLE v. WILSON

KA 07-01636.

2008 NY Slip Op 06080

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAMES L. WILSON, DEFENDANT-APPELLANT.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 3, 2008.

Attorney(s) appearing for the Case

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.

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 of rape in the second degree (Penal Law § 130.30 [1]), assault in the first degree (§ 120.10 [1]) and assault in the third degree (§ 120.00 [1]). Contrary to the contention of defendant, the record establishes that he knowingly, intelligently, and voluntarily waived his right to appeal...

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