People v. Bentley

Appellate Division of the Supreme Court of New York

People v. Bentley

227 A.D.2d 411, 642 N.Y.S.2d 321, 1996 N.Y. App. Div. LEXIS 4911

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

DecidedMay 6, 1996

StatusPublished

Cited by1 cases

This text of 227 A.D.2d 411 (People v. Bentley) 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. Bentley, 227 A.D.2d 411, 642 N.Y.S.2d 321, 1996 N.Y. App. Div. LEXIS 4911 (N.Y. Ct. App. 1996).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lisa, J.), rendered December 12, 1994, convicting him of criminal possession of stolen property in the fourth degree, unauthorized use of a vehicle in the third degree, and a violation of Vehicle and Traffic Law § 376, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by revers[412]*412ing the conviction for the violation of Vehicle and Traffic Law § 376, vacating the fine imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

Upon our review of the record, we find that the defendant voluntarily and intelligently waived his right to appeal the judgment of conviction after a jury trial in exchange for a lesser sentence. Accordingly, he cannot now challenge the propriety of either the prosecutor’s conduct or the court’s charge (see, People v Seaberg, 74 NY2d 1; People v Clark, 223 AD2d 722; People v Brewley, 211 AD2d 805).

That count of the indictment charging a violation of Vehicle and Traffic Law § 376 must, however, be dismissed as jurisdictionally defective, as the People correctly concede (see, People v Iannone, 45 NY2d 589; People v Aponte, 212 AD2d 157). Thompson, J. P., Hart, Goldstein and McGinity, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lisa, J.), rendered December 12, 1994, convicting him of criminal possession of stolen property in the fourth degree, unauthorized use of a vehicle in the third degree, and a violation of Vehicle and Traffic Law § 376, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by revers[412]*412ing the conviction for the violation of Vehicle and Traffic Law § 376, vacating the fine imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

Upon our review of the record, we find that the defendant voluntarily and intelligently waived his right to appeal the judgment of conviction after a jury trial in exchange for a lesser sentence. Accordingly, he cannot now challenge the propriety of either the prosecutor’s conduct or the court’s charge (see, People v Seaberg, 74 NY2d 1; People v Clark, 223 AD2d 722; People v Brewley, 211 AD2d 805).

That count of the indictment charging a violation of Vehicle and Traffic Law § 376 must, however, be dismissed as jurisdictionally defective, as the People correctly concede (see, People v Iannone, 45 NY2d 589; People v Aponte, 212 AD2d 157). Thompson, J. P., Hart, Goldstein and McGinity, JJ., concur.

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Bluebook (online)

227 A.D.2d 411, 642 N.Y.S.2d 321, 1996 N.Y. App. Div. LEXIS 4911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bentley-nyappdiv-1996.

Opinion

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