People v. Joseph

Appellate Division of the Supreme Court of New York

People v. Joseph

305 A.D.2d 813, 758 N.Y.S.2d 541, 2003 N.Y. App. Div. LEXIS 5553

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

DecidedMay 15, 2003

StatusPublished

Cited by1 cases

This text of 305 A.D.2d 813 (People v. Joseph) 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. Joseph, 305 A.D.2d 813, 758 N.Y.S.2d 541, 2003 N.Y. App. Div. LEXIS 5553 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from a judgment of the Supreme Court (Lament, J.), rendered February 14, 2002 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

Defendant pleaded guilty to the crime of criminal possession of a weapon in the second degree in full satisfaction of a four-count indictment that included a charge of attempted murder in the second degree. As part of the plea agreement, defendant waived his right to appeal and was sentenced to a determinate prison term of seven years to be followed by five years of postrelease supervision. Defendant appeals, contending that the sentence imposed was harsh or excessive. This contention is unavailing as defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty. Hence, he has failed to preserve this issue for our review (see People v Hidalgo, 91 NY2d 733 [1998]; People v Smith, 272 AD2d 782, 783 [2000], lv denied 95 NY2d 871 [2000]). Were we to consider it, however, we would find that Supreme Court did not abuse its discretion by imposing the agreed-upon sentence nor are there any extraordinary circumstances that would warrant our intervention in the interest of justice (see People v Young, 302 AD2d 798 [2003]).

Cardona, P.J., Carpinello, Rose, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.

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—Appeal from a judgment of the Supreme Court (Lament, J.), rendered February 14, 2002 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

Defendant pleaded guilty to the crime of criminal possession of a weapon in the second degree in full satisfaction of a four-count indictment that included a charge of attempted murder in the second degree. As part of the plea agreement, defendant waived his right to appeal and was sentenced to a determinate prison term of seven years to be followed by five years of postrelease supervision. Defendant appeals, contending that the sentence imposed was harsh or excessive. This contention is unavailing as defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty. Hence, he has failed to preserve this issue for our review (see People v Hidalgo, 91 NY2d 733 [1998]; People v Smith, 272 AD2d 782, 783 [2000], lv denied 95 NY2d 871 [2000]). Were we to consider it, however, we would find that Supreme Court did not abuse its discretion by imposing the agreed-upon sentence nor are there any extraordinary circumstances that would warrant our intervention in the interest of justice (see People v Young, 302 AD2d 798 [2003]).

Cardona, P.J., Carpinello, Rose, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

305 A.D.2d 813, 758 N.Y.S.2d 541, 2003 N.Y. App. Div. LEXIS 5553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-joseph-nyappdiv-2003.

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