People v. Lagas

Appellate Division of the Supreme Court of New York

People v. Lagas

245 A.D.2d 1087, 666 N.Y.S.2d 87, 1997 N.Y. App. Div. LEXIS 13869

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

DecidedDecember 31, 1997

StatusPublished

Cited by1 cases

This text of 245 A.D.2d 1087 (People v. Lagas) 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. Lagas, 245 A.D.2d 1087, 666 N.Y.S.2d 87, 1997 N.Y. App. Div. LEXIS 13869 (N.Y. Ct. App. 1997).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the third degree. “[B]ecause defendant was sentenced in accordance with the plea agreement, he waived his right to appeal from the sentence” (People v Van Buren, 203 AD2d 961; see, People v Wynn, 239 AD2d 921, lv denied 90 NY2d 912; cf., People v Monte, 242 AD2d 591). Defendant’s contention that the enhanced sentence is unduly harsh and severe does not survive the valid waiver of the right to appeal (see, People v Allen, 82 NY2d 761; People v West, 239 AD2d 921, lv denied 90 NY2d 944). (Appeal from Judgment of Monroe County Court, Bristol, J.—Burglary, 3rd Degree.) Present—Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the third degree. “[B]ecause defendant was sentenced in accordance with the plea agreement, he waived his right to appeal from the sentence” (People v Van Buren, 203 AD2d 961; see, People v Wynn, 239 AD2d 921, lv denied 90 NY2d 912; cf., People v Monte, 242 AD2d 591). Defendant’s contention that the enhanced sentence is unduly harsh and severe does not survive the valid waiver of the right to appeal (see, People v Allen, 82 NY2d 761; People v West, 239 AD2d 921, lv denied 90 NY2d 944). (Appeal from Judgment of Monroe County Court, Bristol, J.—Burglary, 3rd Degree.) Present—Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.

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Bluebook (online)

245 A.D.2d 1087, 666 N.Y.S.2d 87, 1997 N.Y. App. Div. LEXIS 13869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lagas-nyappdiv-1997.

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