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People v. Hill

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 930 (N.Y. App. Div. 2000)

Opinion

November 13, 2000.

Appeal from Judgment of Supreme Court, Erie County, Burns, J. — Criminal Possession Weapon, 3rd Degree.

PRESENT: PIGOTT, JR., P. J., WISNER, KEHOE AND BALIO, JJ.


Judgment unanimously affirmed.

Memorandum:

The record establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal ( see, People v. Hidalgo, 91 N.Y.2d 733, 736; People v. Callahan, 80 N.Y.2d 273, 280). That waiver encompasses the contention of defendant that Supreme Court erred in denying his suppression motion ( see, People v. Duncan, 267 A.D.2d 995, lv denied 94 N.Y.2d 918; People v. Frank, 258 A.D.2d 900, lv denied 93 N.Y.2d 924; People v. Outling, 231 A.D.2d 911, lv denied 89 N.Y.2d 945). The waiver also encompasses defendant's contention that the sentence is harsh and excessive ( see, People v. Hidalgo, supra, at 734). In any event, we conclude that the sentence is neither unduly harsh nor severe. Although a defendant always retains the right to challenge the legality of a sentence ( see, People v. Seaberg, 74 N.Y.2d 1, 10), the record does not support defendant's contention that the sentence on one count of criminal possession of a weapon in the third degree (Penal Law § 265.02) is illegal.


Summaries of

People v. Hill

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 930 (N.Y. App. Div. 2000)
Case details for

People v. Hill

Case Details

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

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

Date published: Nov 13, 2000

Citations

277 A.D.2d 930 (N.Y. App. Div. 2000)
715 N.Y.S.2d 682