People v. Franklin

Appellate Division of the Supreme Court of New York

People v. Franklin

261 A.D.2d 900, 689 N.Y.S.2d 914, 1999 N.Y. App. Div. LEXIS 4953

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

DecidedMay 7, 1999

StatusPublished

Cited by4 cases

This text of 261 A.D.2d 900 (People v. Franklin) 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. Franklin, 261 A.D.2d 900, 689 N.Y.S.2d 914, 1999 N.Y. App. Div. LEXIS 4953 (N.Y. Ct. App. 1999).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant entered a plea of guilty to two counts of robbery in the second degree (Penal Law § 160.10 [1]) in full satisfaction of a 28-count indictment arising out of the robbery of two grocery stores on the same day by defendant and accomplices. Defendant waived his right to appeal as a condition of the plea. In exchange for the plea, County Court agreed to sentence defendant to concurrent indeterminate terms of imprisonment of 4 to 8 years. The court further indicated that it would not adjudicate defendant a youthful offender. By entering a general waiver of the right to appeal, defendant waived review of his present contention that the sentence should be modified to grant him a youthful offender adjudication (see, People v Hidalgo, 91 NY2d 733). (Appeal from Judgment of Onondaga County Court, Mulroy, J. — Robbery, 2nd Degree.) Present — Green, J. P., Lawton, Pigott, Jr., Scudder and Balio, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant entered a plea of guilty to two counts of robbery in the second degree (Penal Law § 160.10 [1]) in full satisfaction of a 28-count indictment arising out of the robbery of two grocery stores on the same day by defendant and accomplices. Defendant waived his right to appeal as a condition of the plea. In exchange for the plea, County Court agreed to sentence defendant to concurrent indeterminate terms of imprisonment of 4 to 8 years. The court further indicated that it would not adjudicate defendant a youthful offender. By entering a general waiver of the right to appeal, defendant waived review of his present contention that the sentence should be modified to grant him a youthful offender adjudication (see, People v Hidalgo, 91 NY2d 733). (Appeal from Judgment of Onondaga County Court, Mulroy, J. — Robbery, 2nd Degree.) Present — Green, J. P., Lawton, Pigott, Jr., Scudder and Balio, JJ.

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Bluebook (online)

261 A.D.2d 900, 689 N.Y.S.2d 914, 1999 N.Y. App. Div. LEXIS 4953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-franklin-nyappdiv-1999.

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