People v. Stackhouse

Appellate Division of the Supreme Court of New York

People v. Stackhouse

28 A.D.3d 803, 811 N.Y.S.2d 599

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

DecidedApril 6, 2006

StatusPublished

This text of 28 A.D.3d 803 (People v. Stackhouse) 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. Stackhouse, 28 A.D.3d 803, 811 N.Y.S.2d 599 (N.Y. Ct. App. 2006).

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Opinion

Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered March 1, 2005, convicting defendant upon her plea of guilty of the crime of assault in the first degree.

Defendant was charged in an indictment with numerous counts of assault after she became involved in a physical altercation with a female outside a bar in the City of Schenectady, [804]*804Schenectady County, and caused the victim serious injuries. She pleaded guilty to assault in the first degree in full satisfaction of the charges and waived her right to appeal. In accordance with the plea agreement, defendant was sentenced to five years in prison, to be followed by a five-year period of postrelease supervision. She now appeals.

Defendant’s sole challenge is to the severity of the sentence. However, inasmuch as the record reveals that defendant entered a knowing, voluntary and intelligent guilty plea and comprehensive waiver of her right to appeal, she is precluded from seeking further review (see People v Lopez, 6 NY3d 248, 255-256 [2006]; People v Clow, 10 AD3d 803, 804 [2004]).

Cardona, P.J., Spain, Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered March 1, 2005, convicting defendant upon her plea of guilty of the crime of assault in the first degree.

Defendant was charged in an indictment with numerous counts of assault after she became involved in a physical altercation with a female outside a bar in the City of Schenectady, [804]*804Schenectady County, and caused the victim serious injuries. She pleaded guilty to assault in the first degree in full satisfaction of the charges and waived her right to appeal. In accordance with the plea agreement, defendant was sentenced to five years in prison, to be followed by a five-year period of postrelease supervision. She now appeals.

Defendant’s sole challenge is to the severity of the sentence. However, inasmuch as the record reveals that defendant entered a knowing, voluntary and intelligent guilty plea and comprehensive waiver of her right to appeal, she is precluded from seeking further review (see People v Lopez, 6 NY3d 248, 255-256 [2006]; People v Clow, 10 AD3d 803, 804 [2004]).

Cardona, P.J., Spain, Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

28 A.D.3d 803, 811 N.Y.S.2d 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stackhouse-nyappdiv-2006.

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