Home/Appellate Division of the Supreme Court of New York/People v. Carvajal

People v. Carvajal

203 A.D.2d 475, 610 N.Y.S.2d 864
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 18, 1994
StatusPublished

This text of 203 A.D.2d 475 (People v. Carvajal) 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. Carvajal, 203 A.D.2d 475, 610 N.Y.S.2d 864 (N.Y. Ct. App. 1994).

Opinion

—Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Gerges, J.), imposed January 31, 1992.

Ordered that the sentence is affirmed.

Appellate review of the issue raised by the defendant was effectively waived by him as part of his plea bargain (see, People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1; People v Burk, 181 AD2d 74, 81-82).

In any event, the Supreme Court did not improvidently exercise its discretion in refusing to waive the mandatory surcharge (see, Penal Law § 60.35; CPL 420.35; People v Rodney, 156 AD2d 732). Mangano, P. J., Balletta, Lawrence, Ritter and Copertino, JJ., concur.

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Related

People v. Seaberg
541 N.E.2d 1022 (New York Court of Appeals, 1989)
People v. Callahan
80 N.Y.2d 273 (New York Court of Appeals, 1992)
People v. Rodney
156 A.D.2d 732 (Appellate Division of the Supreme Court of New York, 1989)
People v. Burk
181 A.D.2d 74 (Appellate Division of the Supreme Court of New York, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
203 A.D.2d 475, 610 N.Y.S.2d 864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carvajal-nyappdiv-1994.