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People v. Cormack

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 815 (N.Y. App. Div. 2000)

Opinion

February 16, 2000

Appeal from Judgment of Erie County Court, DiTullio, J. — Attempted Robbery, 1st Degree.

PRESENT: GREEN, A. P. J., HURLBUTT, SCUDDER AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

Because County Court did not advise defendant of the potential periods of incarceration, the waiver by defendant of the right to appeal does not encompass his challenge to the severity of the sentence ( see, People v. Wynn, 262 A.D.2d 1052; People v. Shea, 254 A.D.2d 512, 513; cf., People v. Lococo, 92 N.Y.2d 825, 827). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Cormack

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 815 (N.Y. App. Div. 2000)
Case details for

People v. Cormack

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, Plaintiff-Respondent, v. DARNELL CORMACK…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 16, 2000

Citations

269 A.D.2d 815 (N.Y. App. Div. 2000)
703 N.Y.S.2d 808

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