People v. Casanova

Appellate Division of the Supreme Court of New York

People v. Casanova

194 A.D.2d 386, 599 N.Y.S.2d 950, 1993 N.Y. App. Div. LEXIS 5918

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

DecidedJune 10, 1993

StatusPublished

This text of 194 A.D.2d 386 (People v. Casanova) 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. Casanova, 194 A.D.2d 386, 599 N.Y.S.2d 950, 1993 N.Y. App. Div. LEXIS 5918 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered November 19, 1991, convicting defendant, upon his guilty plea, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 5 years to life, unanimously affirmed.

Though we find that the record does not support the conclusion that the defendant had voluntarily, knowingly and intelligently waived his right to appeal (see generally, People v Seaberg, 74 NY2d 1; People v Callahan, 80 NY2d 273), upon review we find the defendant’s claim that the sentence is excessive to be without merit. This was a negotiated sentence, and defendant should be held to the terms of his bargain. Concur—Rosenberger, J. P., Wallach, Ross, Kassal and Nardelli, JJ.

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—Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered November 19, 1991, convicting defendant, upon his guilty plea, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 5 years to life, unanimously affirmed.

Though we find that the record does not support the conclusion that the defendant had voluntarily, knowingly and intelligently waived his right to appeal (see generally, People v Seaberg, 74 NY2d 1; People v Callahan, 80 NY2d 273), upon review we find the defendant’s claim that the sentence is excessive to be without merit. This was a negotiated sentence, and defendant should be held to the terms of his bargain. Concur—Rosenberger, J. P., Wallach, Ross, Kassal and Nardelli, JJ.

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Bluebook (online)

194 A.D.2d 386, 599 N.Y.S.2d 950, 1993 N.Y. App. Div. LEXIS 5918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-casanova-nyappdiv-1993.

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