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People v. Frank

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
258 A.D.2d 900 (N.Y. App. Div. 1999)

Opinion

February 10, 1999

Appeal from Judgment of Niagara County Court, Fricano, J. — Assault, 2nd Degree.

Present — Denman, P. J., Pine, Pigott, Jr., Callahan and Balio, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of assault in the second degree (Penal Law § 120.05). We reject the contention of defendant that his waiver of the right to appeal should not be enforced. Although defendant entered a plea to the highest count of the indictment and was not given a sentencing promise, defendant received a benefit from the bargain. The remaining charges in the indictment, alleging violations of the Vehicle and Traffic Law, were dismissed as a result of the plea, and the People agreed to recommend a sentence of incarceration of no greater than 2 to 4 years. The record supports the conclusion that defendant's waiver was knowing, intelligent and voluntary ( see, People v. Callahan, 80 N.Y.2d 273, 280) and that the plea bargain was "fair, free from oppressiveness, and sensitive to the interests of both the accused and the People" ( People v. Seaberg, 74 N.Y.2d 1, 8). Because defendant's waiver is valid, we do not reach the contention that the suppression court erred in denying defendant's suppression motion.


Summaries of

People v. Frank

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
258 A.D.2d 900 (N.Y. App. Div. 1999)
Case details for

People v. Frank

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CASEY FRANK, Appellant

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

Date published: Feb 10, 1999

Citations

258 A.D.2d 900 (N.Y. App. Div. 1999)
685 N.Y.S.2d 555

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