People v. McGee

Appellate Division of the Supreme Court of New York

People v. McGee

241 A.D.2d 972, 661 N.Y.S.2d 393, 1997 N.Y. App. Div. LEXIS 7928

Appellate Division of the Supreme Court of the State of New York·Decided July 3, 1997·Published·Cited by 2 cases

Opinion

Judgment unanimously affirmed. Memorandum: Although defendant signed a waiver of the right to appeal, the plea colloquy does not contain any reference to defendant’s waiving that right, and thus we cannot conclude that the waiver was knowing and voluntary. Defendant’s challenge to the sentence is therefore properly before us (see, People v Callahan, 80 NY2d 273, 280; People v Seaberg, 74 NY2d 1, 11). We conclude that the sentence is not unduly harsh or severe. (Appeal from Judgment of Onondaga County Court, Mulroy, J.—Criminal Possession Controlled Substance, 5th Degree.) Present—Denman, P. J., Pine, Callahan, Balio and Fallon, JJ.

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Judgment unanimously affirmed. Memorandum: Although defendant signed a waiver of the right to appeal, the plea colloquy does not contain any reference to defendant’s waiving that right, and thus we cannot conclude that the waiver was knowing and voluntary. Defendant’s challenge to the sentence is therefore properly before us (see, People v Callahan, 80 NY2d 273, 280; People v Seaberg, 74 NY2d 1, 11). We conclude that the sentence is not unduly harsh or severe. (Appeal from Judgment of Onondaga County Court, Mulroy, J.—Criminal Possession Controlled Substance, 5th Degree.) Present—Denman, P. J., Pine, Callahan, Balio and Fallon, JJ.

People v. McGee, 241 A.D.2d 972, 661 N.Y.S.2d 393, 1997 N.Y. App. Div. LEXIS 7928 (N.Y. Ct. App. 1997).

Pincite

241 A.D.2d 972 (People v. McGee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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