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People v. Graczyk

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1994
210 A.D.2d 996 (N.Y. App. Div. 1994)

Opinion

December 23, 1994

Appeal from the Supreme Court, Erie County, Rossetti, J.

Present — Denman, P.J., Green, Balio, Callahan and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: The contention of defendant that his sentence is unduly harsh or excessive does not survive the voluntary, knowing and intelligent waiver of his right to appeal (see, People v Allen, 82 N.Y.2d 761; People v Saunders, 190 A.D.2d 1092, lv denied 81 N.Y.2d 1019).

The further contention of defendant that his sentence should be modified because he was under the impression that he would receive a maximum term of 25 to 50 years imprisonment is without merit. The record establishes that the court repeatedly refused to commit to a promised sentence. Moreover, defendant's sentence will be reduced by operation of law to the statutory maximum (see, Penal Law § 70.30 [c] [iii]). The statutory calculation will be made by the Department of Correctional Services (see, People v Beaufort-Cutner, 190 A.D.2d 992, 994, lv denied 81 N.Y.2d 1011; People v Bachman, 158 A.D.2d 930, lv denied 75 N.Y.2d 963).

Defendant's remaining contention is without merit.


Summaries of

People v. Graczyk

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1994
210 A.D.2d 996 (N.Y. App. Div. 1994)
Case details for

People v. Graczyk

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID GRACZYK…

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

Date published: Dec 23, 1994

Citations

210 A.D.2d 996 (N.Y. App. Div. 1994)
621 N.Y.S.2d 1005

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