From Casetext: Smarter Legal Research

People v. Procopio

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1996
226 A.D.2d 185 (N.Y. App. Div. 1996)

Opinion

April 11, 1996

Appeal from the Supreme Court, New York County (Harold Rothwax, J.).


We find that defendant's waiver of his right to appeal the sentence, which was in accordance with his plea bargain, was knowingly, intelligently and voluntarily made, and that the issue he now raises as to whether his sentence was excessive is therefore nonreviewable ( People v. Callahan, 80 N.Y.2d 273, 280, 285). In any event, if we were to review, we would find that the sentence reflects the gravity of the crimes committed and defendant's violent history, and was otherwise a proper exercise of discretion.

Concur — Ellerin, J.P., Wallach, Kupferman, Williams and Mazzarelli, JJ.


Summaries of

People v. Procopio

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1996
226 A.D.2d 185 (N.Y. App. Div. 1996)
Case details for

People v. Procopio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL PROCOPIO…

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

Date published: Apr 11, 1996

Citations

226 A.D.2d 185 (N.Y. App. Div. 1996)
641 N.Y.S.2d 533