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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
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 4, 1996
StatusPublished
Cited by7 cases

This text of 228 A.D.2d 166 (People v. McMillan) 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. 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).

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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Bluebook (online)
228 A.D.2d 166, 643 N.Y.2d 984, 643 N.Y.S.2d 984, 1996 N.Y. App. Div. LEXIS 6287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcmillan-nyappdiv-1996.