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People v. Green

247 A.D.2d 284, 668 N.Y.S.2d 454, 1998 N.Y. App. Div. LEXIS 1546
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 19, 1998
StatusPublished

This text of 247 A.D.2d 284 (People v. Green) 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. Green, 247 A.D.2d 284, 668 N.Y.S.2d 454, 1998 N.Y. App. Div. LEXIS 1546 (N.Y. Ct. App. 1998).

Opinion

Judgment, [285]*285Supreme Court, New York County (Ronald Zweibel, J.), rendered September 5, 1996, convicting defendant, upon his plea of guilty, of burglary in the second degree, and sentencing him, as a second felony offender, to a prison term of 9 years, unanimously affirmed.

Defendant’s waiver of his right to appeal bars review of his claim that his sentence is excessive (People v Frazier, 228 AD2d 171, 172, lv denied 89 NY2d 922; People v Seaberg, 74 NY2d 1). However, contrary to the People’s suggestion, the appeal should not be dismissed (People v Callahan, 80 NY2d 273, 283-285). In any event, we perceive no abuse of sentencing discretion.

Concur — Sullivan, J. P., Wallach, Williams and Tom, JJ.

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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. Frazier
228 A.D.2d 171 (Appellate Division of the Supreme Court of New York, 1996)

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Bluebook (online)
247 A.D.2d 284, 668 N.Y.S.2d 454, 1998 N.Y. App. Div. LEXIS 1546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-green-nyappdiv-1998.