People v. Burns

Appellate Division of the Supreme Court of New York

People v. Burns

259 A.D.2d 491, 684 N.Y.S.2d 884, 1999 N.Y. App. Div. LEXIS 2020

Appellate Division of the Supreme Court of the State of New York·Decided March 1, 1999·Published·Cited by 2 cases

Opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered January 8, 1998, convicting him of murder in the second degree and manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the accusatory instruments were not jurisdictionally defective (see, People v Alejandro, 70 NY2d 133). Furthermore, having been sentenced in accordance with his plea agreement, the defendant cannot now complain that the sentence was excessive (see, People v Burk, 181 AD2d 74; People v Kazepis, 101 AD2d 816). Miller, J. P., Thompson, Friedmann and Florio, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered January 8, 1998, convicting him of murder in the second degree and manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the accusatory instruments were not jurisdictionally defective (see, People v Alejandro, 70 NY2d 133). Furthermore, having been sentenced in accordance with his plea agreement, the defendant cannot now complain that the sentence was excessive (see, People v Burk, 181 AD2d 74; People v Kazepis, 101 AD2d 816). Miller, J. P., Thompson, Friedmann and Florio, JJ., concur.

People v. Burns, 259 A.D.2d 491, 684 N.Y.S.2d 884, 1999 N.Y. App. Div. LEXIS 2020 (N.Y. Ct. App. 1999).

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Opinion

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