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People v. West

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 921 (N.Y. App. Div. 1997)

Opinion

May 30, 1997

Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.


Judgment unanimously affirmed. Memorandum: Defendant knowingly, intelligently and voluntarily waived his right to appeal. The contention that his sentence is unduly harsh and severe does not survive that waiver (see, People v. Allen, 82 N.Y.2d 761; People v Delgado, 237 A.D.2d 972). Supreme Court's statement at sentencing that defendant had 30 days to appeal does not vitiate defendant's otherwise valid waiver of the right to appeal (see, People v. Moissett, 76 N.Y.2d 909, 912). (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Criminal Possession Controlled Substance, 7th Degree.)


Summaries of

People v. West

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 921 (N.Y. App. Div. 1997)
Case details for

People v. West

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL WEST, Appellant

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

Date published: May 30, 1997

Citations

239 A.D.2d 921 (N.Y. App. Div. 1997)
659 N.Y.S.2d 598

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