People v. Burhyte

Appellate Division of the Supreme Court of New York

People v. Burhyte

167 A.D.2d 670, 563 N.Y.S.2d 689, 1990 N.Y. App. Div. LEXIS 13582

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

DecidedNovember 15, 1990

StatusPublished

This text of 167 A.D.2d 670 (People v. Burhyte) 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. Burhyte, 167 A.D.2d 670, 563 N.Y.S.2d 689, 1990 N.Y. App. Div. LEXIS 13582 (N.Y. Ct. App. 1990).

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Opinion

Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered October 17, 1988, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

Defendant contends that his motion to suppress should have been granted because he was coerced into signing his confession while in a state of intoxication. However, an examination [671]*671of the testimony presented at the suppression hearing fails to show any evidence of coercion or intoxication and any questions of credibility were properly resolved by County Court (see, People v Jackson, 101 AD2d 955). In rejecting defendant’s further claim that his sentence was harsh and excessive, we note that the 2-to-4-year prison term he received as a second felony offender was part of an advantageous plea bargain, that there is no indication that the agreement was unfair and that the sentence was the most lenient which could have been imposed (see, People v Bauer, 153 AD2d 988, Iv denied 75 NY2d 767; People v Pardoe, 147 AD2d 820).

Judgment affirmed. Mahoney, P. J., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

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Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered October 17, 1988, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

Defendant contends that his motion to suppress should have been granted because he was coerced into signing his confession while in a state of intoxication. However, an examination [671]*671of the testimony presented at the suppression hearing fails to show any evidence of coercion or intoxication and any questions of credibility were properly resolved by County Court (see, People v Jackson, 101 AD2d 955). In rejecting defendant’s further claim that his sentence was harsh and excessive, we note that the 2-to-4-year prison term he received as a second felony offender was part of an advantageous plea bargain, that there is no indication that the agreement was unfair and that the sentence was the most lenient which could have been imposed (see, People v Bauer, 153 AD2d 988, Iv denied 75 NY2d 767; People v Pardoe, 147 AD2d 820).

Judgment affirmed. Mahoney, P. J., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

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Bluebook (online)

167 A.D.2d 670, 563 N.Y.S.2d 689, 1990 N.Y. App. Div. LEXIS 13582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burhyte-nyappdiv-1990.

Opinion

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