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People v. Lee

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 943 (N.Y. App. Div. 1997)

Opinion

November 19, 1997

(Appeal from Judgment of Erie County Court, D'Amico, J. — Attempted Robbery, 2nd Degree.)

Present — Pine, J. P., Lawton, Hayes, Wisner and Fallon, JJ.


Judgment unanimously affirmed. Memorandum: Defendant knowingly, voluntarily and intelligently waived his right to appeal, thereby waiving any challenge to the excessiveness of his sentence ( see, People v Allen, 82 N.Y.2d 761, 763; People v. Callens, 199 A.D.2d 992, lv denied 83 N.Y.2d 869). Because defendant agreed to the amount of restitution at the sentencing hearing, County Court did not err in failing to hold a restitution hearing ( see, People v. McElrath, 241 A.D.2d 932; State of New York v. Stokols, 234 A.D.2d 222; cf., People v. Barnett, 237 A.D.2d 917, lv denied 90 N.Y.2d 855).


Summaries of

People v. Lee

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 19, 1997
244 A.D.2d 943 (N.Y. App. Div. 1997)
Case details for

People v. Lee

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN LEE, Appellant

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

Date published: Nov 19, 1997

Citations

244 A.D.2d 943 (N.Y. App. Div. 1997)
665 N.Y.S.2d 185

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