People v. Villafane

Appellate Division of the Supreme Court of New York

People v. Villafane

216 A.D.2d 605, 627 N.Y.S.2d 583, 1995 N.Y. App. Div. LEXIS 5890

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

DecidedJune 1, 1995

StatusPublished

Cited by3 cases

This text of 216 A.D.2d 605 (People v. Villafane) 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. Villafane, 216 A.D.2d 605, 627 N.Y.S.2d 583, 1995 N.Y. App. Div. LEXIS 5890 (N.Y. Ct. App. 1995).

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Opinion

Appeal from a [606]*606judgment of the County Court of Sullivan County (Kane, J.), rendered May 14, 1993, convicting defendant upon his plea of guilty of the crimes of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree.

As part of his plea of guilty to two of the crimes charged in a five-count indictment, defendant waived his right to appeal. Insofar as he failed to move to withdraw his plea or vacate the judgment of conviction, he may not now challenge the sufficiency of his plea. In any event, were we to consider the merits, we would find on this record that the plea was knowing and voluntary. In addition, we reject defendant’s claim that he was denied the effective assistance of counsel. Finally, considering that defendant was sentenced as a second felony offender and in accordance with the plea agreement, we do not find that the sentence imposed of 6x/2 to 13 years in prison was harsh or excessive. We have examined defendant’s remaining contentions and find them to be without merit.

Mercure, J. P., Crew III, White, Casey and Spain, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a [606]*606judgment of the County Court of Sullivan County (Kane, J.), rendered May 14, 1993, convicting defendant upon his plea of guilty of the crimes of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree.

As part of his plea of guilty to two of the crimes charged in a five-count indictment, defendant waived his right to appeal. Insofar as he failed to move to withdraw his plea or vacate the judgment of conviction, he may not now challenge the sufficiency of his plea. In any event, were we to consider the merits, we would find on this record that the plea was knowing and voluntary. In addition, we reject defendant’s claim that he was denied the effective assistance of counsel. Finally, considering that defendant was sentenced as a second felony offender and in accordance with the plea agreement, we do not find that the sentence imposed of 6x/2 to 13 years in prison was harsh or excessive. We have examined defendant’s remaining contentions and find them to be without merit.

Mercure, J. P., Crew III, White, Casey and Spain, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

216 A.D.2d 605, 627 N.Y.S.2d 583, 1995 N.Y. App. Div. LEXIS 5890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-villafane-nyappdiv-1995.

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