# People v. Lococo

> New York Court of Appeals · June 4, 1998 · 92 N.Y.2d 825

URL: https://www.frixlaw.com/law-library/cases/2049405

## Case

- **Full name:** The People of the State of New York, Respondent, v. Ellen M. Lococo and Michael J. Lococo, Appellants; The People of the State of New York, Respondent, v. Jeffrey Stanley, Appellant
- **Court:** New York Court of Appeals
- **Decided:** June 4, 1998
- **Citations:** 92 N.Y.2d 825; 677 N.Y.S.2d 57; 699 N.E.2d 416
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley Concur
- **Cited by:** 697 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2049405

## Opinion text

OPINION OF THE COURT
Memorandum.
The order of the Erie County Court should be affirmed in each case.
Defendants contend that they did not waive their right to appeal the severity of the court’s sentence. We disagree.
Each defendant voluntarily, knowingly and intelligently waived the right to appeal from any and all aspects of their case, including the severity of the sentence
(see, People v Hidalgo,
91 NY2d 733 [decided today];
People v Allen,
82 NY2d 761 ;
People v Seaberg,
74 NY2d 1 ). While defendants did not know the specific sentence at the time of the waiver, they did know the maximum sentence the trial court could impose in its discretion. Since defendants knew the maximum exposure they could face upon pleading guilty, the waiver of their right to challenge the sentence in each case was knowing and intelligent
(see, People v Hidalgo, supra; People v Callahan,
80 NY2d 273 ).
Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.
In each case: Order affirmed in a memorandum.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2049405. Public record. Not legal advice.