People v. Bishop

Appellate Division of the Supreme Court of New York

People v. Bishop

191 A.D.2d 1039, 595 N.Y.S.2d 349, 1993 N.Y. App. Div. LEXIS 3003

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

DecidedMarch 12, 1993

StatusPublished

This text of 191 A.D.2d 1039 (People v. Bishop) 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. Bishop, 191 A.D.2d 1039, 595 N.Y.S.2d 349, 1993 N.Y. App. Div. LEXIS 3003 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Judgment unanimously affirmed. Memorandum: Although the People intended to have defendant waive his right to appeal as a condition to the plea bargain, the record fails to establish that he voluntarily and with full appreciation of the consequences waived that right.

In light of defendant’s lengthy criminal record and history of substance abuse, County Court did not abuse its discretion in sentencing defendant to one year upon his plea of guilty to petit larceny. (Appeal from Judgment of Erie County Court, LaMendola, J. — Petit Larceny.) Present — Denman, P. J., Green, Balio, Fallon and Boehm, JJ.

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—Judgment unanimously affirmed. Memorandum: Although the People intended to have defendant waive his right to appeal as a condition to the plea bargain, the record fails to establish that he voluntarily and with full appreciation of the consequences waived that right.

In light of defendant’s lengthy criminal record and history of substance abuse, County Court did not abuse its discretion in sentencing defendant to one year upon his plea of guilty to petit larceny. (Appeal from Judgment of Erie County Court, LaMendola, J. — Petit Larceny.) Present — Denman, P. J., Green, Balio, Fallon and Boehm, JJ.

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Bluebook (online)

191 A.D.2d 1039, 595 N.Y.S.2d 349, 1993 N.Y. App. Div. LEXIS 3003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bishop-nyappdiv-1993.