People v. Leiser

Appellate Division of the Supreme Court of New York

People v. Leiser

124 A.D.3d 1349, 997 N.Y.S.2d 580

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

DecidedJanuary 2, 2015

StatusPublished

This text of 124 A.D.3d 1349 (People v. Leiser) 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. Leiser, 124 A.D.3d 1349, 997 N.Y.S.2d 580 (N.Y. Ct. App. 2015).

Pincite

Opinion

[1350]*1350Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered June 12, 2013. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]), defendant contends that the waiver of the right to appeal is not valid and challenges the severity of the sentence. Although the record establishes that defendant knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]), we conclude that the valid waiver of the right to appeal does not encompass the challenge to the severity of the sentence because County Court did not advise defendant, at the time of his plea, of the potential term of incarceration that he would face if he violated the terms of his release under supervision (see People v Eron, 79 AD3d 1774, 1775 [2010]). Nevertheless, on the merits, we conclude that the sentence is not unduly harsh or severe.

Present — Centra, J.P, Fahey, Valentino, Whalen and DeJoseph, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

[1350]*1350Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered June 12, 2013. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]), defendant contends that the waiver of the right to appeal is not valid and challenges the severity of the sentence. Although the record establishes that defendant knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]), we conclude that the valid waiver of the right to appeal does not encompass the challenge to the severity of the sentence because County Court did not advise defendant, at the time of his plea, of the potential term of incarceration that he would face if he violated the terms of his release under supervision (see People v Eron, 79 AD3d 1774, 1775 [2010]). Nevertheless, on the merits, we conclude that the sentence is not unduly harsh or severe.

Present — Centra, J.P, Fahey, Valentino, Whalen and DeJoseph, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

124 A.D.3d 1349, 997 N.Y.S.2d 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-leiser-nyappdiv-2015.

Opinion

Related

Cite This Page — Counsel Stack