People v. McCrea

Appellate Division of the Supreme Court of New York

People v. McCrea

280 A.D.2d 976, 720 N.Y.S.2d 882, 2001 N.Y. App. Div. LEXIS 1140

Appellate Division of the Supreme Court of the State of New York·Decided February 7, 2001·Published·Cited by 1 cases

Opinion

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of attempted assault in the first degree (Penal Law §§ 110.00, 120.10 [1]). Defendant failed to preserve for our review his contentions that he was denied his constitutional right to a speedy trial (see, People v Weeks, 272 AD2d 983, lv denied 95 NY2d 872; People v Beyor, 272 AD2d 929, 930, lv denied 95 NY2d 832) and that he was deprived of due process by preindictment delay (see, People v Rodriguez, 237 AD2d 634, lv denied 89 NY2d 1099; People v Mike, 212 AD2d 999, 1000, lv [977]*977denied 86 NY2d 738), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Cayuga County Court, Corning, J. — Attempted Assault, 1st Degree.) Present — Green, J. P., Pine, Hayes, Wisner and Scudder, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of attempted assault in the first degree (Penal Law §§ 110.00, 120.10 [1]). Defendant failed to preserve for our review his contentions that he was denied his constitutional right to a speedy trial (see, People v Weeks, 272 AD2d 983, lv denied 95 NY2d 872; People v Beyor, 272 AD2d 929, 930, lv denied 95 NY2d 832) and that he was deprived of due process by preindictment delay (see, People v Rodriguez, 237 AD2d 634, lv denied 89 NY2d 1099; People v Mike, 212 AD2d 999, 1000, lv [977]*977denied 86 NY2d 738), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Cayuga County Court, Corning, J. — Attempted Assault, 1st Degree.) Present — Green, J. P., Pine, Hayes, Wisner and Scudder, JJ.

People v. McCrea, 280 A.D.2d 976, 720 N.Y.S.2d 882, 2001 N.Y. App. Div. LEXIS 1140 (N.Y. Ct. App. 2001).

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Opinion

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