People v. Mickens

Appellate Division of the Supreme Court of New York

People v. Mickens

275 A.D.2d 818, 713 N.Y.S.2d 506, 2000 N.Y. App. Div. LEXIS 9187

Appellate Division of the Supreme Court of the State of New York·Decided September 14, 2000·Published·Cited by 4 cases

Opinion

—Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered December 20, 1999, convicting defendant upon her plea of guilty of the crimes of criminal possession of a forged instrument in the second degree, forgery in the second degree and grand larceny in the third degree.

Defendant pleaded guilty to the crimes of criminal possession of a forged instrument in the second degree, forgery in the second degree and grand larceny in the third degree in satisfaction of a four-count indictment and a two-count superior court information. These charges stem from defendant’s participation in a long-standing scheme to swindle large amounts of money from a vulnerable senior citizen. Pursuant [819] to the negotiated plea agreement, defendant waived her right to appeal. County Court thereafter sentenced defendant to an aggregate prison term of 62/s to 20 years, which consisted of consecutive terms of 2V3 to 7 years for the forgery and criminal possession of a forged instrument counts and a prison term of 2 to 6 years for the grand larceny count. Defendant now appeals, arguing that this sentence was harsh and excessive. 1

Inasmuch as defendant waived her right to appeal as part of a knowing, voluntary and intelligent plea of guilty, this issue has not been preserved for our review (see, People v Buchanan, 236 AD2d 741, lv denied 89 NY2d 1032). Nevertheless, were we to reach this issue, we would find no evidence of extraordinary circumstances warranting a modification of the sentence imposed in the interest of justice (see, People v Charles, 258 AD2d 740, lv denied 93 NY2d 968).

Cardona, P. J., Crew III, Peters, Mugglin and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.

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

—Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered December 20, 1999, convicting defendant upon her plea of guilty of the crimes of criminal possession of a forged instrument in the second degree, forgery in the second degree and grand larceny in the third degree.

Defendant pleaded guilty to the crimes of criminal possession of a forged instrument in the second degree, forgery in the second degree and grand larceny in the third degree in satisfaction of a four-count indictment and a two-count superior court information. These charges stem from defendant’s participation in a long-standing scheme to swindle large amounts of money from a vulnerable senior citizen. Pursuant [819] to the negotiated plea agreement, defendant waived her right to appeal. County Court thereafter sentenced defendant to an aggregate prison term of 62/s to 20 years, which consisted of consecutive terms of 2V3 to 7 years for the forgery and criminal possession of a forged instrument counts and a prison term of 2 to 6 years for the grand larceny count. Defendant now appeals, arguing that this sentence was harsh and excessive. 1

Inasmuch as defendant waived her right to appeal as part of a knowing, voluntary and intelligent plea of guilty, this issue has not been preserved for our review (see, People v Buchanan, 236 AD2d 741, lv denied 89 NY2d 1032). Nevertheless, were we to reach this issue, we would find no evidence of extraordinary circumstances warranting a modification of the sentence imposed in the interest of justice (see, People v Charles, 258 AD2d 740, lv denied 93 NY2d 968).

Cardona, P. J., Crew III, Peters, Mugglin and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.

People v. Mickens, 275 A.D.2d 818, 713 N.Y.S.2d 506, 2000 N.Y. App. Div. LEXIS 9187 (N.Y. Ct. App. 2000).

Pincite

275 A.D.2d 818 (People v. Mickens) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related