People v. Berdecia

Appellate Division of the Supreme Court of New York

People v. Berdecia

254 A.D.2d 37, 678 N.Y.S.2d 716, 1998 N.Y. App. Div. LEXIS 10083

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

DecidedOctober 6, 1998

StatusPublished

This text of 254 A.D.2d 37 (People v. Berdecia) 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. Berdecia, 254 A.D.2d 37, 678 N.Y.S.2d 716, 1998 N.Y. App. Div. LEXIS 10083 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, Bronx County (William Donnino, J., at hearing; Daniel Sullivan, J., at plea and sentence), rendered May 30, 1995, convicting defendant of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The record establishes that defendant knowingly, intelligently and voluntarily pleaded guilty and waived his right to appeal as a condition of his plea (see, People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1), and thus has waived appellate review of his current claims regarding the propriety of the suppression rulings. Since defendant does not claim that an illegal sentence was imposed, his challenges to his sentence are likewise waived.

On the existing record, which defendant has not sought to amplify by way of a CPL 440.10 motion, we find that defendant received meaningful representation (People v Ford, 86 NY2d 397, 404). Concur — Sullivan, J. P., Milonas, Nardelli and Tom, JJ.

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—Judgment, Supreme Court, Bronx County (William Donnino, J., at hearing; Daniel Sullivan, J., at plea and sentence), rendered May 30, 1995, convicting defendant of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The record establishes that defendant knowingly, intelligently and voluntarily pleaded guilty and waived his right to appeal as a condition of his plea (see, People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1), and thus has waived appellate review of his current claims regarding the propriety of the suppression rulings. Since defendant does not claim that an illegal sentence was imposed, his challenges to his sentence are likewise waived.

On the existing record, which defendant has not sought to amplify by way of a CPL 440.10 motion, we find that defendant received meaningful representation (People v Ford, 86 NY2d 397, 404). Concur — Sullivan, J. P., Milonas, Nardelli and Tom, JJ.

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Bluebook (online)

254 A.D.2d 37, 678 N.Y.S.2d 716, 1998 N.Y. App. Div. LEXIS 10083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-berdecia-nyappdiv-1998.

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