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People v. McLean

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2003
302 A.D.2d 934 (N.Y. App. Div. 2003)

Opinion

KA 00-00792

February 7, 2003.

Appeal from a judgment of Oneida County Court (Dwyer, J.), entered November 10, 1999, convicting defendant upon his plea of guilty of, inter alia, criminal sale of a controlled substance in the third degree.

FRANK J. NEBUSH, JR., PUBLIC DEFENDER, UTICA (ESTHER COHEN LEE OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL A. ARCURI, DISTRICT ATTORNEY, UTICA (CARL J. BOYKIN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: GREEN, J.P., PINE, HURLBUTT, KEHOE, AND HAYES, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

On appeal from a judgment convicting him upon his plea of guilty of, inter alia, criminal sale of a controlled substance in the third degree (Penal Law § 220.39), defendant contends that his waiver of the right to appeal was not knowingly, voluntarily or intelligently entered and that the sentence is unduly harsh and severe. Because County Court failed to advise defendant of the "potential periods of incarceration that could be imposed before he waived his right to appeal," the waiver, even if valid, does not encompass defendant's challenge to the severity of the sentence (People v. Webb, 299 A.D.2d 955, [Nov. 15, 2002]; see generally People v. Lococo, 92 N.Y.2d 825, 827). We conclude, however, that the sentence is neither unduly harsh nor severe.


Summaries of

People v. McLean

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2003
302 A.D.2d 934 (N.Y. App. Div. 2003)
Case details for

People v. McLean

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. LEOPOLD S…

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

Date published: Feb 7, 2003

Citations

302 A.D.2d 934 (N.Y. App. Div. 2003)
753 N.Y.S.2d 799

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