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People v. Herring

Appellate Division of the Supreme Court of New York, Second Department
Jul 24, 2000
274 A.D.2d 525 (N.Y. App. Div. 2000)

Opinion

Submitted August 17, 1999.

July 24, 2000.

Appeal by the defendant from a judgment of the Supreme Court , Suffolk County (Mullen, J.), rendered April 12, 1996, convicting him of robbery in the first degree (two counts), upon his plea of guilty, and imposing sentence.

William R. Weiselberg, Centereach, N.Y., for appellant and appellant pro se.

James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Peter S. Smith of counsel) , for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, DANIEL W. JOY, MYRIAM J. ALTMAN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention his plea of guilty was knowingly, voluntarily, and intelligently made (see, People v. Harris, 61 N.Y.2d 9). The record establishes that the defendant was aware of the affirmative defense available pursuant to Penal Law § 160.15 (4), and that he waived his right to assert that the defense in exchange for the bargained-for sentence.

The defendant's waiver of his right to appeal precludes review of his contention that he was denied effective assistance of counsel except to the extent that it affected the voluntariness of his plea (see, People v. Holmes, 268 A.D.2d 597). As indicated, we find that the plea was knowingly, voluntarily, and intelligently made.

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.


Summaries of

People v. Herring

Appellate Division of the Supreme Court of New York, Second Department
Jul 24, 2000
274 A.D.2d 525 (N.Y. App. Div. 2000)
Case details for

People v. Herring

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. MELVIN HERRING, APPELLANT. (IND. NO…

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

Date published: Jul 24, 2000

Citations

274 A.D.2d 525 (N.Y. App. Div. 2000)
712 N.Y.S.2d 388

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