People v. Harvey

Appellate Division of the Supreme Court of New York

People v. Harvey

192 A.D.2d 956, 597 N.Y.S.2d 602, 1993 N.Y. App. Div. LEXIS 4391

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

DecidedApril 29, 1993

StatusPublished

Cited by1 cases

This text of 192 A.D.2d 956 (People v. Harvey) 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. Harvey, 192 A.D.2d 956, 597 N.Y.S.2d 602, 1993 N.Y. App. Div. LEXIS 4391 (N.Y. Ct. App. 1993).

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Opinion

—Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered July 19, 1990, convicting defendant upon his plea of guilty of the crime of assault in the first degree.

Defendant contends on appeal that the prison sentence of 5 to 15 years that he received was harsh and excessive. Initially, we find that defendant knowingly and voluntarily waived his right to appeal as a condition of the negotiated plea bargain, thereby precluding appellate review (see, People v Seaberg, 74 [957]*957NY2d 1; see also, People v Moissett, 76 NY2d 909; People v Dews, 169 AD2d 886, lv denied 77 NY2d 905). Were we to consider the merits we would find no reason to disturb the sentence imposed by County Court given defendant’s criminal record, coupled with the fact that defendant was allowed to plead guilty to one count of assault in the first degree in full satisfaction of a four-count indictment which included more serious charges and knowing that he could receive the sentence ultimately imposed (see, People v Palmer, 143 AD2d 469, 471, lv denied 73 NY2d 858).

Weiss, P. J., Mikoll, Yesawich Jr., Levine and Casey, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered July 19, 1990, convicting defendant upon his plea of guilty of the crime of assault in the first degree.

Defendant contends on appeal that the prison sentence of 5 to 15 years that he received was harsh and excessive. Initially, we find that defendant knowingly and voluntarily waived his right to appeal as a condition of the negotiated plea bargain, thereby precluding appellate review (see, People v Seaberg, 74 [957]*957NY2d 1; see also, People v Moissett, 76 NY2d 909; People v Dews, 169 AD2d 886, lv denied 77 NY2d 905). Were we to consider the merits we would find no reason to disturb the sentence imposed by County Court given defendant’s criminal record, coupled with the fact that defendant was allowed to plead guilty to one count of assault in the first degree in full satisfaction of a four-count indictment which included more serious charges and knowing that he could receive the sentence ultimately imposed (see, People v Palmer, 143 AD2d 469, 471, lv denied 73 NY2d 858).

Weiss, P. J., Mikoll, Yesawich Jr., Levine and Casey, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

192 A.D.2d 956, 597 N.Y.S.2d 602, 1993 N.Y. App. Div. LEXIS 4391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-harvey-nyappdiv-1993.

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