Peoplev. McKenzie

Appellate Division of the Supreme Court of New York

Peoplev. McKenzie

51 A.D.3d 823, 856 N.Y.S.2d 863

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

DecidedMay 13, 2008

StatusPublished

This text of 51 A.D.3d 823 (Peoplev. McKenzie) 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

Peoplev. McKenzie, 51 A.D.3d 823, 856 N.Y.S.2d 863 (N.Y. Ct. App. 2008).

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Opinion

Appeal by the defendant from a judgment of the County Court, Putnam County (Rooney, J.), rendered November 22, 2005, convicting him of robbery in the second degree (three counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the record shows that he entered a valid waiver of indictment, and freely and voluntarily consented to prosecution by superior court information (see CPL 195.10, 195.20; People v Menchetti, 76 NY2d 473 [1990]; People v Cohen, 47 AD3d 828 [2008]). Further, having effectively waived his right to appeal, the defendant may not now obtain a reduction in his bargained-for sentence (see People v Lopez, 6 NY3d 248 [2006]). Fisher, J.P., Florio, Angiolillo, Dickerson and Belen, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Putnam County (Rooney, J.), rendered November 22, 2005, convicting him of robbery in the second degree (three counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the record shows that he entered a valid waiver of indictment, and freely and voluntarily consented to prosecution by superior court information (see CPL 195.10, 195.20; People v Menchetti, 76 NY2d 473 [1990]; People v Cohen, 47 AD3d 828 [2008]). Further, having effectively waived his right to appeal, the defendant may not now obtain a reduction in his bargained-for sentence (see People v Lopez, 6 NY3d 248 [2006]). Fisher, J.P., Florio, Angiolillo, Dickerson and Belen, JJ., concur.

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Bluebook (online)

51 A.D.3d 823, 856 N.Y.S.2d 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peoplev-mckenzie-nyappdiv-2008.

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