People v. Crum

Appellate Division of the Supreme Court of New York

People v. Crum

39 A.D.3d 1241, 832 N.Y.S.2d 834

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

DecidedApril 20, 2007

StatusPublished

This text of 39 A.D.3d 1241 (People v. Crum) 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. Crum, 39 A.D.3d 1241, 832 N.Y.S.2d 834 (N.Y. Ct. App. 2007).

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Opinion

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered July 20, 2004. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree and criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16 [1]) and criminal possession of a weapon in the third degree (§ 265.02 [1]). The knowing, voluntary and intelligent waiver by defendant of the right to appeal encompasses his challenge to County Court’s suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Reynolds, 278 AD2d 937 [2000], lv denied 96 NY2d 805 [2001]), as well as his challenge to the severity of the sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Hurlbutt, J.P., Gorski, Smith, Fahey and Green, JJ.

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Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered July 20, 2004. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree and criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16 [1]) and criminal possession of a weapon in the third degree (§ 265.02 [1]). The knowing, voluntary and intelligent waiver by defendant of the right to appeal encompasses his challenge to County Court’s suppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Reynolds, 278 AD2d 937 [2000], lv denied 96 NY2d 805 [2001]), as well as his challenge to the severity of the sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Hurlbutt, J.P., Gorski, Smith, Fahey and Green, JJ.

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Bluebook (online)

39 A.D.3d 1241, 832 N.Y.S.2d 834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-crum-nyappdiv-2007.

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