People v. Shabazz
This text of 281 A.D.2d 973 (People v. Shabazz) 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.
Opinion
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [3]). We agree with defendant that his purported waiver of the right to appeal is invalid. At the plea proceeding, the prosecutor and defense counsel both acknowledged that a waiver of the right to appeal was not a condition of the plea agreement. We conclude, however, that the bargained-for sentence is neither unduly harsh nor severe. (Appeal from Judgment of Monroe County Court, Marks, J. — Attempted Robbery, 1st Degree.) Present — Green, J. P., Wisner, Hurlbutt and Burns, JJ.
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Cite This Page — Counsel Stack
281 A.D.2d 973, 723 N.Y.S.2d 296, 2001 N.Y. App. Div. LEXIS 2882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shabazz-nyappdiv-2001.