People v. Kimble

Appellate Division of the Supreme Court of New York

People v. Kimble

133 A.D.2d 849, 520 N.Y.S.2d 361, 1987 N.Y. App. Div. LEXIS 51904

Appellate Division of the Supreme Court of the State of New York·Decided October 26, 1987·Published·Cited by 1 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered March 6, 1985, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the appeal is dismissed.

[850] The defendant waived his right to appeal as a condition of the plea (see, People v Davison, 108 AD2d 820). Accordingly, the appeal is dismissed. The defendant’s claim as to the ineffective assistance of counsel rests upon matters outside the record and may only be presented by way of a motion pursuant to CPL 440.10. Mangano, J. P., Brown, Lawrence, Weinstein and Kunzeman, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered March 6, 1985, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the appeal is dismissed.

[850] The defendant waived his right to appeal as a condition of the plea (see, People v Davison, 108 AD2d 820). Accordingly, the appeal is dismissed. The defendant’s claim as to the ineffective assistance of counsel rests upon matters outside the record and may only be presented by way of a motion pursuant to CPL 440.10. Mangano, J. P., Brown, Lawrence, Weinstein and Kunzeman, JJ., concur.

People v. Kimble, 133 A.D.2d 849, 520 N.Y.S.2d 361, 1987 N.Y. App. Div. LEXIS 51904 (N.Y. Ct. App. 1987).

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