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People v. Clemens

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1999
259 A.D.2d 758 (N.Y. App. Div. 1999)

Opinion

March 29, 1999

Appeal from the judgment of the County Court, Orange County (Berry, J.).


Ordered that the judgment is affirmed.

The defendant's claim of ineffective assistance of counsel is based upon matters which are dehors the record and cannot be reviewed on this appeal ( see, People v. Crisano, 247 A.D.2d 403). We note that although the defendant raised this issue on a motion to vacate the judgment pursuant to CPL 440.10, he never sought leave to appeal from the denial of the motion ( see, CPL 450.15).

The defendant validly waived his right to challenge the sentence as excessive ( see, People v. Allen, 82 N.Y.2d 761; People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1).

Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.


Summaries of

People v. Clemens

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1999
259 A.D.2d 758 (N.Y. App. Div. 1999)
Case details for

People v. Clemens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES L. CLEMENS…

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

Date published: Mar 29, 1999

Citations

259 A.D.2d 758 (N.Y. App. Div. 1999)
685 N.Y.S.2d 645

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