People v. Rick

Appellate Division of the Supreme Court of New York

People v. Rick

247 A.D.2d 873, 668 N.Y.S.2d 522, 1998 N.Y. App. Div. LEXIS 1194

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

DecidedFebruary 4, 1998

StatusPublished

This text of 247 A.D.2d 873 (People v. Rick) 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. Rick, 247 A.D.2d 873, 668 N.Y.S.2d 522, 1998 N.Y. App. Div. LEXIS 1194 (N.Y. Ct. App. 1998).

Pincite

Opinion

Judgment unani[874]*874mously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of two counts of criminal contempt in the first degree (Penal Law § 215.51). The record establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal (see, People v Callahan, 80 NY2d 273, 283). The contention that the sentence is unduly harsh and severe does not survive that waiver (see, People v Allen, 82 NY2d 761, 763). In any event, in light of defendant’s deliberate violation of the order of protection and lengthy criminal history, the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Erie County Court, D’Amico, J.— Criminal Contempt, 1st Degree.)

Present — Pine, J. P., Hayes, Wisner, Boehm and Fallon, JJ.

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Judgment unani[874]*874mously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of two counts of criminal contempt in the first degree (Penal Law § 215.51). The record establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal (see, People v Callahan, 80 NY2d 273, 283). The contention that the sentence is unduly harsh and severe does not survive that waiver (see, People v Allen, 82 NY2d 761, 763). In any event, in light of defendant’s deliberate violation of the order of protection and lengthy criminal history, the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Erie County Court, D’Amico, J.— Criminal Contempt, 1st Degree.)

Present — Pine, J. P., Hayes, Wisner, Boehm and Fallon, JJ.

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Bluebook (online)

247 A.D.2d 873, 668 N.Y.S.2d 522, 1998 N.Y. App. Div. LEXIS 1194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rick-nyappdiv-1998.

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