People v. Barris

Appellate Division of the Supreme Court of New York

People v. Barris

120 A.D.2d 773, 501 N.Y.S.2d 232, 1986 N.Y. App. Div. LEXIS 56912

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 1, 1986

StatusPublished

This text of 120 A.D.2d 773 (People v. Barris) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Barris, 120 A.D.2d 773, 501 N.Y.S.2d 232, 1986 N.Y. App. Div. LEXIS 56912 (N.Y. Ct. App. 1986).

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Opinion

— Mikoll, J.

Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered March 6, 1985, convicting defendant upon his plea of guilty of the crime of criminal mischief in the second degree.

Defendant’s sole claim on this appeal is that his sentence is harsh and excessive. It appears from the record that, under a negotiated plea of guilty, defendant was to and did receive a sentence not in excess of from 1 to 3 years’ imprisonment. An appeal as of right does not lie in these circumstances (see, CPL 450.10 [1], as amended by L 1984, ch 671, §§ 3, 4; People v Hickman, 111 AD2d 959). Absent permission to appeal, this court does not have jurisdiction to entertain this appeal and it should therefore be dismissed (id.). Furthermore, were we to reach the merits of defendant’s argument, we would reject it.

Appeal dismissed. Kane, J. P., Main, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

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— Mikoll, J.

Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered March 6, 1985, convicting defendant upon his plea of guilty of the crime of criminal mischief in the second degree.

Defendant’s sole claim on this appeal is that his sentence is harsh and excessive. It appears from the record that, under a negotiated plea of guilty, defendant was to and did receive a sentence not in excess of from 1 to 3 years’ imprisonment. An appeal as of right does not lie in these circumstances (see, CPL 450.10 [1], as amended by L 1984, ch 671, §§ 3, 4; People v Hickman, 111 AD2d 959). Absent permission to appeal, this court does not have jurisdiction to entertain this appeal and it should therefore be dismissed (id.). Furthermore, were we to reach the merits of defendant’s argument, we would reject it.

Appeal dismissed. Kane, J. P., Main, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

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Bluebook (online)

120 A.D.2d 773, 501 N.Y.S.2d 232, 1986 N.Y. App. Div. LEXIS 56912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barris-nyappdiv-1986.

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