People v. Kinnard

Appellate Division of the Supreme Court of New York

People v. Kinnard

194 A.D.2d 501, 599 N.Y.S.2d 971, 1993 N.Y. App. Div. LEXIS 6793

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

DecidedJune 29, 1993

StatusPublished

This text of 194 A.D.2d 501 (People v. Kinnard) 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. Kinnard, 194 A.D.2d 501, 599 N.Y.S.2d 971, 1993 N.Y. App. Div. LEXIS 6793 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered May 23, 1990, convicting defendant, after a guilty plea, of manslaughter in the first degree, and sentencing him to an indeterminate term of 10 to 20 years, unanimously affirmed.

In view of defendant’s knowing, voluntary and intelligent waiver of his appellate rights, his challenge to the excessiveness of his sentence is not preserved for appellate review (People v Callahan, 80 NY2d 273). Defendant clearly indicated to the trial court his understanding that the plea bargain was the result of a negotiated prison term, and that he was freely waiving his right to appeal from the plea. Were we to reach the issue regarding the excessiveness of his sentence, we would find it to be without merit.

We have considered defendant’s remaining contention and similarly find it to be without merit. Concur—Sullivan, J. P., Carro, Wallach and Nardelli, JJ.

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—Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered May 23, 1990, convicting defendant, after a guilty plea, of manslaughter in the first degree, and sentencing him to an indeterminate term of 10 to 20 years, unanimously affirmed.

In view of defendant’s knowing, voluntary and intelligent waiver of his appellate rights, his challenge to the excessiveness of his sentence is not preserved for appellate review (People v Callahan, 80 NY2d 273). Defendant clearly indicated to the trial court his understanding that the plea bargain was the result of a negotiated prison term, and that he was freely waiving his right to appeal from the plea. Were we to reach the issue regarding the excessiveness of his sentence, we would find it to be without merit.

We have considered defendant’s remaining contention and similarly find it to be without merit. Concur—Sullivan, J. P., Carro, Wallach and Nardelli, JJ.

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Bluebook (online)

194 A.D.2d 501, 599 N.Y.S.2d 971, 1993 N.Y. App. Div. LEXIS 6793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kinnard-nyappdiv-1993.

Opinion

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