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People v. McMillan

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 1996
228 A.D.2d 166 (N.Y. App. Div. 1996)

Opinion

June 4, 1996

Appeal from the Supreme Court, New York County (Allen Alpert, J.).


Since defendant failed to appeal timely from the underlying judgment of conviction (including the sentence thereon), any present challenge to the plea proceeding or the original sentencing proceeding is jurisdictionally foreclosed (CPL 450.30 ; People v. Lugo, 176 A.D.2d 177). We have reviewed defendant's claims that the court improperly evaluated the credibility of the witnesses at the violation of probation hearing, and that the resentence is excessive, and find them to be without merit.

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


Summaries of

People v. McMillan

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 1996
228 A.D.2d 166 (N.Y. App. Div. 1996)
Case details for

People v. McMillan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN MCMILLAN, Also…

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

Date published: Jun 4, 1996

Citations

228 A.D.2d 166 (N.Y. App. Div. 1996)
643 N.Y.S.2d 984

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