From Casetext: Smarter Legal Research

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 1979
73 A.D.2d 652 (N.Y. App. Div. 1979)

Opinion

December 17, 1979


Appeal by defendant, as limited by his motion, from a sentence of the County Court, Westchester County, imposed July 14, 1978. Sentence affirmed. Appellant's assertion that his guilty plea was the involuntary product "of duress of circumstances" is beyond the scope of this appeal, which is limited to a review of "the legality, propriety or excessiveness of the sentence imposed" (see 22 NYCRR 670.17 [i]). Moreover, the allegations raised involve matters entirely dehors the record and therefore may not be addressed on direct appeal. (Cf. People v. Flowers, 30 N.Y.2d 315; People v. White, 32 N.Y.2d 393.) Mollen, P.J., Hopkins, Damiani and Titone, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 1979
73 A.D.2d 652 (N.Y. App. Div. 1979)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC JOHNSON, Appellant

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

Date published: Dec 17, 1979

Citations

73 A.D.2d 652 (N.Y. App. Div. 1979)

Citing Cases

People v. Wilcox

On this record, defendant presents no evidence of either broken promises or prosecutorial misconduct on the…

People v. Torres

Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Stark, J.), rendered February 23,…