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People v. Egbert

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 2002
290 A.D.2d 562 (N.Y. App. Div. 2002)

Opinion

1999-01325, 1999-01326

Submitted January 10, 2002.

January 28, 2002.

Appeal by the defendant from (1) a judgment of the County Court, Suffolk County (Weber, J.), rendered January 5, 1999, convicting him of robbery in the third degree and criminal possession of a weapon in the third degree, upon his plea of guilty under Indictment No. 1388/98, and (2) a judgment of the same court, rendered January 5, 1999, convicting him of aggravated unlicensed operation of a motor vehicle and driving while intoxicated as a misdemeanor, upon his plea of guilty under Indictment No. 2636/98, and imposing sentences.

Richard L. Herzfeld, P.C., New York, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., NANCY E. SMITH, LEO F. McGINITY, STEPHEN G. CRANE, JJ.


ORDERED that the judgments are affirmed.

Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waived his right to appeal as a condition of his negotiated plea and sentence agreements. Accordingly, the agreements effectively foreclosed appellate review (see, People v. Allen, 82 N.Y.2d 761; People v. Seaburg, 74 N.Y.2d 1; People v. Ortiz, 289 A.D.2d 419 [2d Dept., Dec. 17, 2001]).

FLORIO, J.P., SMITH, McGINITY and CRANE, JJ., concur.


Summaries of

People v. Egbert

Appellate Division of the Supreme Court of New York, Second Department
Jan 28, 2002
290 A.D.2d 562 (N.Y. App. Div. 2002)
Case details for

People v. Egbert

Case Details

Full title:THE PEOPLE, ETC., respondent, v. PHILIP J. EGBERT, appellant

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

Date published: Jan 28, 2002

Citations

290 A.D.2d 562 (N.Y. App. Div. 2002)
737 N.Y.S.2d 300