People v. Perkov

Appellate Division of the Supreme Court of New York

People v. Perkov

166 A.D.2d 909, 561 N.Y.S.2d 668, 1990 N.Y. App. Div. LEXIS 12185

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 5, 1990

StatusPublished

This text of 166 A.D.2d 909 (People v. Perkov) 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. Perkov, 166 A.D.2d 909, 561 N.Y.S.2d 668, 1990 N.Y. App. Div. LEXIS 12185 (N.Y. Ct. App. 1990).

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Opinion

Judgment unanimously affirmed. Memorandum: By entering a plea of guilty, defendant forfeited any right to a dismissal of the indictment pursuant to CPL 30.30 (see, People v Taylor, 65 NY2d 1, 6; People v Howe, 56 NY2d 622, 624; People v Friscia, 51 NY2d 845, 847). We do not find defendant’s negotiated sentence of 3 to 9 years to be excessive. The record before us is inadequate to allow review of defendant’s remaining claim that he was denied the effective assistance of counsel. This matter must be pursued in a motion brought pursuant to CPL 440.10. (Appeal from judgment of Herkimer County Court, Bergin, J.—criminal sale of controlled substance, third degree.) Present—Dillon, P. J., Callahan, Green, Pine and Balio, JJ.

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Judgment unanimously affirmed. Memorandum: By entering a plea of guilty, defendant forfeited any right to a dismissal of the indictment pursuant to CPL 30.30 (see, People v Taylor, 65 NY2d 1, 6; People v Howe, 56 NY2d 622, 624; People v Friscia, 51 NY2d 845, 847). We do not find defendant’s negotiated sentence of 3 to 9 years to be excessive. The record before us is inadequate to allow review of defendant’s remaining claim that he was denied the effective assistance of counsel. This matter must be pursued in a motion brought pursuant to CPL 440.10. (Appeal from judgment of Herkimer County Court, Bergin, J.—criminal sale of controlled substance, third degree.) Present—Dillon, P. J., Callahan, Green, Pine and Balio, JJ.

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Bluebook (online)

166 A.D.2d 909, 561 N.Y.S.2d 668, 1990 N.Y. App. Div. LEXIS 12185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-perkov-nyappdiv-1990.

Opinion

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