People v. Bright

Appellate Division of the Supreme Court of New York

People v. Bright

154 A.D.2d 926, 546 N.Y.S.2d 995, 1989 N.Y. App. Div. LEXIS 12974

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

DecidedOctober 6, 1989

StatusPublished

This text of 154 A.D.2d 926 (People v. Bright) 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. Bright, 154 A.D.2d 926, 546 N.Y.S.2d 995, 1989 N.Y. App. Div. LEXIS 12974 (N.Y. Ct. App. 1989).

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Opinion

Judgment unanimously affirmed. Memorandum: The trial court did not abuse its discretion in denying defendant’s motion to withdraw his guilty plea (see, CPL 220.60; People v Ramos, 63 NY2d 640, 642; People v Dixon, 29 NY2d 55, 57). Further, defendant’s claim that he was sentenced improperly is without merit. Because defendant voluntarily admitted his prior felony conviction and was aware that he was facing an enhanced sentence, he is es-topped from challenging the court’s sentencing him as a second felony offender (see, People v Bates, 124 AD2d 994; see also, People v Bouyea, 64 NY2d 1140). (Appeal from judgment of Orleans County Court, Miles, J. — absconding from temporary release, first degree.) Present — Dillon, P. J., Callahan, Balio, Lawton and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: The trial court did not abuse its discretion in denying defendant’s motion to withdraw his guilty plea (see, CPL 220.60; People v Ramos, 63 NY2d 640, 642; People v Dixon, 29 NY2d 55, 57). Further, defendant’s claim that he was sentenced improperly is without merit. Because defendant voluntarily admitted his prior felony conviction and was aware that he was facing an enhanced sentence, he is es-topped from challenging the court’s sentencing him as a second felony offender (see, People v Bates, 124 AD2d 994; see also, People v Bouyea, 64 NY2d 1140). (Appeal from judgment of Orleans County Court, Miles, J. — absconding from temporary release, first degree.) Present — Dillon, P. J., Callahan, Balio, Lawton and Davis, JJ.

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Bluebook (online)

154 A.D.2d 926, 546 N.Y.S.2d 995, 1989 N.Y. App. Div. LEXIS 12974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bright-nyappdiv-1989.

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