People v. Seabrook

Appellate Division of the Supreme Court of New York

People v. Seabrook

302 A.D.2d 320, 757 N.Y.S.2d 251, 2003 N.Y. App. Div. LEXIS 1793

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

DecidedFebruary 27, 2003

StatusPublished

This text of 302 A.D.2d 320 (People v. Seabrook) 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. Seabrook, 302 A.D.2d 320, 757 N.Y.S.2d 251, 2003 N.Y. App. Div. LEXIS 1793 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered March 11, 1998, convicting defendant, upon his plea of guilty, of attempted assault in the second degree and criminal possession of a weapon in the third degree, and sentencing him to consecutive terms of 3V2 to 7 years and 2 to 4 years, respectively, unanimously affirmed.

Since defendant’s plea allocution clearly established that he committed separate acts, the imposition of consecutive sentences was proper. Defendant assaulted the victim by stabbing him with a knife and then, after the victim fled, defendant chased the victim while wielding the knife, constituting the separate and distinct crime of possession of a weapon in the third degree (see People v Brown, 80 NY2d 361 [1992]).

Defendant made a valid waiver of his right to appeal (see People v Moissett, 76 NY2d 909 [1990]), and this waiver forecloses review of his claim that his sentence is harsh and excessive. In any event, we perceive no basis for reducing the sentence. Concur — Tom, J.P., Andrias, Buckley, Williams and Friedman, JJ.

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Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered March 11, 1998, convicting defendant, upon his plea of guilty, of attempted assault in the second degree and criminal possession of a weapon in the third degree, and sentencing him to consecutive terms of 3V2 to 7 years and 2 to 4 years, respectively, unanimously affirmed.

Since defendant’s plea allocution clearly established that he committed separate acts, the imposition of consecutive sentences was proper. Defendant assaulted the victim by stabbing him with a knife and then, after the victim fled, defendant chased the victim while wielding the knife, constituting the separate and distinct crime of possession of a weapon in the third degree (see People v Brown, 80 NY2d 361 [1992]).

Defendant made a valid waiver of his right to appeal (see People v Moissett, 76 NY2d 909 [1990]), and this waiver forecloses review of his claim that his sentence is harsh and excessive. In any event, we perceive no basis for reducing the sentence. Concur — Tom, J.P., Andrias, Buckley, Williams and Friedman, JJ.

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Bluebook (online)

302 A.D.2d 320, 757 N.Y.S.2d 251, 2003 N.Y. App. Div. LEXIS 1793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-seabrook-nyappdiv-2003.

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