People v. Roache

Appellate Division of the Supreme Court of New York

People v. Roache

166 A.D.2d 618, 560 N.Y.S.2d 756, 1990 N.Y. App. Div. LEXIS 12565

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

DecidedOctober 15, 1990

StatusPublished

Cited by5 cases

This text of 166 A.D.2d 618 (People v. Roache) 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. Roache, 166 A.D.2d 618, 560 N.Y.S.2d 756, 1990 N.Y. App. Div. LEXIS 12565 (N.Y. Ct. App. 1990).

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Opinion

Appeal by the defendant, as limited by her motion, from a sentence of the County Court, Nassau County (Harrington, J.), imposed February 14, 1990, the sentence being a term of 1 to 3 years’ imprisonment and restitution of $3,213, upon her conviction of attempted burglary in the second degree, after a plea of guilty.

Ordered that the appeal is dismissed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

As a condition of the People’s consent to her plea, the defendant expressly waived "all appellate rights, including her right to appeal any excessive sentence”. This waiver should be given effect (see, People v Seaberg, 74 NY2d 1; cf., People v Bray, 154 AD2d 692). Mangano, P. J., Thompson, Bracken, Sullivan and Balletta, JJ., concur.

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Appeal by the defendant, as limited by her motion, from a sentence of the County Court, Nassau County (Harrington, J.), imposed February 14, 1990, the sentence being a term of 1 to 3 years’ imprisonment and restitution of $3,213, upon her conviction of attempted burglary in the second degree, after a plea of guilty.

Ordered that the appeal is dismissed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

As a condition of the People’s consent to her plea, the defendant expressly waived "all appellate rights, including her right to appeal any excessive sentence”. This waiver should be given effect (see, People v Seaberg, 74 NY2d 1; cf., People v Bray, 154 AD2d 692). Mangano, P. J., Thompson, Bracken, Sullivan and Balletta, JJ., concur.

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Bluebook (online)

166 A.D.2d 618, 560 N.Y.S.2d 756, 1990 N.Y. App. Div. LEXIS 12565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roache-nyappdiv-1990.

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