People v. Levulis

Summary

The New York Appellate Division, Fourth Department, unanimously affirmed a judgment convicting Charles Levulis, upon his guilty plea, of assault in the first degree and two counts of criminal possession of a weapon in the second degree. The court held that defendant's waiver of the right to appeal was knowing, voluntary, and intelligent, foreclosing his challenge to the severity of the sentence.

Holdings

1. On the record presented, defendant's waiver of the right to appeal was knowing, voluntary, and intelligent.
2. Because defendant's waiver of the right to appeal was valid, it foreclosed his challenge to the severity of the sentence.

Questions Presented

1. Whether defendant's waiver of the right to appeal was knowing, voluntary, and intelligent.
2. Whether a valid waiver of the right to appeal foreclosed defendant's challenge to the severity of his sentence.

Disposition

affirmed