People v. Egbert

Appellate Division of the Supreme Court of New York

People v. Egbert

290 A.D.2d 562, 737 N.Y.S.2d 300, 2002 N.Y. App. Div. LEXIS 794

Appellate Division of the Supreme Court of the State of New York·Decided January 28, 2002·Published

Opinion

Appeal by the defendant from (1) a judgment of the County Court, Suffolk County (Weber, J.), rendered January 5, 1999, convicting him of robbery in the third degree and criminal possession of a weapon in the third degree, upon his plea of guilty under Indictment No. 1388/98, and (2) a judgment of the same court, rendered January 5, 1999, convicting him of aggravated unlicensed operation of a motor vehicle and driving while intoxicated as a misdemeanor, upon his plea of guilty under Indictment No. 2636/98, and imposing sentences.

Ordered that the judgments are affirmed.

[563]*563Contrary to the defendant’s contention, he knowingly, voluntarily, and intelligently waived his right to appeal as a condition of his negotiated plea and sentence agreements. Accordingly, the agreements effectively foreclosed appellate review (see, People v Allen, 82 NY2d 761; People v Seaberg, 74 NY2d 1; People v Ortiz, 289 AD2d 419). Florio, J.P., Smith, McGinity and Crane, JJ., concur.

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Appeal by the defendant from (1) a judgment of the County Court, Suffolk County (Weber, J.), rendered January 5, 1999, convicting him of robbery in the third degree and criminal possession of a weapon in the third degree, upon his plea of guilty under Indictment No. 1388/98, and (2) a judgment of the same court, rendered January 5, 1999, convicting him of aggravated unlicensed operation of a motor vehicle and driving while intoxicated as a misdemeanor, upon his plea of guilty under Indictment No. 2636/98, and imposing sentences.

Ordered that the judgments are affirmed.

[563]*563Contrary to the defendant’s contention, he knowingly, voluntarily, and intelligently waived his right to appeal as a condition of his negotiated plea and sentence agreements. Accordingly, the agreements effectively foreclosed appellate review (see, People v Allen, 82 NY2d 761; People v Seaberg, 74 NY2d 1; People v Ortiz, 289 AD2d 419). Florio, J.P., Smith, McGinity and Crane, JJ., concur.

People v. Egbert, 290 A.D.2d 562, 737 N.Y.S.2d 300, 2002 N.Y. App. Div. LEXIS 794 (N.Y. Ct. App. 2002).

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Opinion

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