People v. Wong

Appellate Division of the Supreme Court of New York

People v. Wong

194 A.D.2d 442, 599 N.Y.S.2d 957, 1993 N.Y. App. Div. LEXIS 6272

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

DecidedJune 17, 1993

StatusPublished

Cited by1 cases

This text of 194 A.D.2d 442 (People v. Wong) 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. Wong, 194 A.D.2d 442, 599 N.Y.S.2d 957, 1993 N.Y. App. Div. LEXIS 6272 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Richard Failla, J.), rendered January 23, 1991, convicting defendant, upon his guilty plea, of attempted murder in the second degree and robbery in the first degree, and sentencing him to two concurrent terms of 6 to 18 years, unanimously affirmed.

As part of his negotiated plea, the record demonstrates that defendant knowingly, voluntarily and intelligently waived his right to appeal his sentence (People v Seaberg, 74 NY2d 1). We also note that any claimed confusion which occurred at sentencing did not invalidate the previously entered effective waiver (see, People v Moissett, 76 NY2d 909). Thus, defendant’s claim of excessiveness of sentence has been superseded by the waiver (People v Callahan, 80 NY2d 273, 285). Were we to review defendant’s sentence in the interest of justice, we would find no merit to defendant’s claim. Concur—Sullivan, J. P., Ellerin, Kupferman, Ross and Asch, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (Richard Failla, J.), rendered January 23, 1991, convicting defendant, upon his guilty plea, of attempted murder in the second degree and robbery in the first degree, and sentencing him to two concurrent terms of 6 to 18 years, unanimously affirmed.

As part of his negotiated plea, the record demonstrates that defendant knowingly, voluntarily and intelligently waived his right to appeal his sentence (People v Seaberg, 74 NY2d 1). We also note that any claimed confusion which occurred at sentencing did not invalidate the previously entered effective waiver (see, People v Moissett, 76 NY2d 909). Thus, defendant’s claim of excessiveness of sentence has been superseded by the waiver (People v Callahan, 80 NY2d 273, 285). Were we to review defendant’s sentence in the interest of justice, we would find no merit to defendant’s claim. Concur—Sullivan, J. P., Ellerin, Kupferman, Ross and Asch, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

194 A.D.2d 442, 599 N.Y.S.2d 957, 1993 N.Y. App. Div. LEXIS 6272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wong-nyappdiv-1993.

Opinion

Related

Cite This Page — Counsel Stack