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People v. Balkum

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2001
288 A.D.2d 910 (N.Y. App. Div. 2001)

Opinion

(1378) KA 99-05337.

November 9, 2001.

(Appeal from Judgment of Monroe County Court, Bristol, J. — Criminal Possession Weapon, 3rd Degree.)

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


Appeal unanimously dismissed.

Memorandum:

Contrary to the People's contention, the challenge of defendant to the legality of the minimum period of the indeterminate sentence of imprisonment survives his waiver of the right to appeal ( see, People v. Seaberg, 74 N.Y.2d 1, 9). That challenge, however, was rendered moot by defendant's conditional release ( see, People v. Meli, 142 A.D.2d 938, 939, lv denied 72 N.Y.2d 921; see generally, People v. Hamilton, 214 A.D.2d 783).


Summaries of

People v. Balkum

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2001
288 A.D.2d 910 (N.Y. App. Div. 2001)
Case details for

People v. Balkum

Case Details

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

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

Date published: Nov 9, 2001

Citations

288 A.D.2d 910 (N.Y. App. Div. 2001)
733 N.Y.S.2d 670

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