People v. Sheer

Appellate Division of the Supreme Court of New York

People v. Sheer

252 A.D.2d 987, 675 N.Y.S.2d 922, 1998 N.Y. App. Div. LEXIS 8527

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

DecidedJuly 8, 1998

StatusPublished

This text of 252 A.D.2d 987 (People v. Sheer) 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. Sheer, 252 A.D.2d 987, 675 N.Y.S.2d 922, 1998 N.Y. App. Div. LEXIS 8527 (N.Y. Ct. App. 1998).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of one count of rape in the first degree (Penal Law § 130.35 [3]) and three counts of attempted sexual abuse in the first degree (Penal Law §§ 110.00, 130.65 [3]). He was sentenced to indeterminate consecutive terms of incarceration having an aggregate [988]*988maximum term “deemed to be thirty years” pursuant to Penal Law § 70.30 (1) (e) (i). There is no merit to his contentions that the sentence is unduly harsh or severe and that he is not foreclosed from raising that issue by his waiver of the right to appeal (see, People v Hidalgo, 91 NY2d 733). (Appeal from Judgment of Niagara County Court, Fricano, J. — Rape, 1st Degree.) Present — Pine, J. P., Hayes, Pigott, Jr., Balio and Fallon, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of one count of rape in the first degree (Penal Law § 130.35 [3]) and three counts of attempted sexual abuse in the first degree (Penal Law §§ 110.00, 130.65 [3]). He was sentenced to indeterminate consecutive terms of incarceration having an aggregate [988]*988maximum term “deemed to be thirty years” pursuant to Penal Law § 70.30 (1) (e) (i). There is no merit to his contentions that the sentence is unduly harsh or severe and that he is not foreclosed from raising that issue by his waiver of the right to appeal (see, People v Hidalgo, 91 NY2d 733). (Appeal from Judgment of Niagara County Court, Fricano, J. — Rape, 1st Degree.) Present — Pine, J. P., Hayes, Pigott, Jr., Balio and Fallon, JJ.

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Bluebook (online)

252 A.D.2d 987, 675 N.Y.S.2d 922, 1998 N.Y. App. Div. LEXIS 8527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sheer-nyappdiv-1998.

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