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People v. Albert

Appellate Division of the Supreme Court of New York, Third Department
Jul 29, 1993
195 A.D.2d 893 (N.Y. App. Div. 1993)

Opinion

July 29, 1993

Appeal from the County Court of Montgomery County (Aison, J.).


On this appeal defendant contends that his waiver of his right to appeal as a part of his guilty plea was not knowing and voluntary and that the sentence imposed was harsh and excessive. Our review of the record reveals a sufficient colloquy between defendant and County Court to establish a knowing, voluntary and intelligent waiver so that, in the absence of any other facts calling into doubt the validity of the plea (see, People v Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1; People v Lopez, 71 N.Y.2d 662), we conclude that the waiver of the right to appeal must be enforced. Were we to address the merits of defendant's sentencing argument, we would find no reason to disturb the sentence imposed by County Court in that defendant knew that he would probably receive the sentence ultimately imposed and pleaded guilty to a class C felony to avoid indictment for a class A-1 felony (see, People v. Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).

Weiss, P.J., Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Albert

Appellate Division of the Supreme Court of New York, Third Department
Jul 29, 1993
195 A.D.2d 893 (N.Y. App. Div. 1993)
Case details for

People v. Albert

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EXZAVIA ALBERT…

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

Date published: Jul 29, 1993

Citations

195 A.D.2d 893 (N.Y. App. Div. 1993)
602 N.Y.S.2d 562

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