People v. McMillan

Appellate Division of the Supreme Court of New York

People v. McMillan

228 A.D.2d 166, 643 N.Y.2d 984, 643 N.Y.S.2d 984, 1996 N.Y. App. Div. LEXIS 6287

Appellate Division of the Supreme Court of the State of New York·Decided June 4, 1996·Published·Cited by 7 cases

Opinion

Since defendant failed to appeal timely from the underlying judgment of conviction (including the sentence thereon), any present challenge to the plea proceeding or the original sentencing proceeding is jurisdictionally foreclosed (CPL 450.30 [167]*167[3]; People v Lugo, 176 AD2d 177). We have reviewed defendant’s claims that the court improperly evaluated the credibility of the witnesses at the violation of probation hearing, and that the resentence is excessive, and find them to be without merit. Concur—Rosenberger, J. P., Wallach, Kupferman, Williams and Mazzarelli, JJ.

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Since defendant failed to appeal timely from the underlying judgment of conviction (including the sentence thereon), any present challenge to the plea proceeding or the original sentencing proceeding is jurisdictionally foreclosed (CPL 450.30 [167]*167[3]; People v Lugo, 176 AD2d 177). We have reviewed defendant’s claims that the court improperly evaluated the credibility of the witnesses at the violation of probation hearing, and that the resentence is excessive, and find them to be without merit. Concur—Rosenberger, J. P., Wallach, Kupferman, Williams and Mazzarelli, JJ.

People v. McMillan, 228 A.D.2d 166, 643 N.Y.2d 984, 643 N.Y.S.2d 984, 1996 N.Y. App. Div. LEXIS 6287 (N.Y. Ct. App. 1996).

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Opinion

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