People v. Garner

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

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

Date published: Dec 30, 1999

267 A.D.2d 980 (N.Y. App. Div. 1999)

700 N.Y.S.2d 907

Opinion

December 30, 1999

Appeal from Judgment of Oneida County Court, Dwyer, J. — Manslaughter, 1st Degree.

Judgment unanimously affirmed.

PRESENT: GREEN, J. P., LAWTON, WISNER, SCUDDER AND BALIO, JJ.

Memorandum:

We reject the contention of defendant that his waiver of the right to appeal was not knowing and intelligent. That waiver encompassed the right to challenge the sentence as harsh and excessive ( see, People v. Hildago, 91 N.Y.2d 733, 737). Furthermore, the record does not support the contention of defendant that he was sentenced on the basis of materially untrue assumptions or misinformation ( see, People v. Naranjo, 89 N.Y.2d 1047, 1049). Defendant was properly punished for a crime that he committed, not for crimes committed by others.