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People v. Elliott

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1992
186 A.D.2d 754 (N.Y. App. Div. 1992)

Opinion

October 19, 1992

Appeal from the Supreme Court, Richmond County (Kuffner, J.).


Ordered that the appeal is dismissed.

We are unpersuaded by the defendant's argument that he did not knowingly waive his right to appeal. The record indicates that the defendant, who has a lengthy criminal record and is therefore presumably knowledgeable about the criminal justice system, affirmed his understanding of the consequences of the waiver of his right to make posttrial motions and to appeal, which was made in return for a reduced sentence (see, People v Seaberg, 74 N.Y.2d 1). Since the maximum terms of imprisonment of the sentence imposed were approximately one-half the maximum terms which could have been imposed for the crimes of which the defendant was convicted, it cannot be said that the sentence was unfavorable, particularly in light of the fact that the defendant absconded after trial, and was not sentenced until almost six years later (see, People v Vasser, 177 A.D.2d 729, 730). O'Brien, J.P., Copertino, Pizzuto and Santucci, JJ., concur.


Summaries of

People v. Elliott

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1992
186 A.D.2d 754 (N.Y. App. Div. 1992)
Case details for

People v. Elliott

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTOINE ELLIOTT…

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

Date published: Oct 19, 1992

Citations

186 A.D.2d 754 (N.Y. App. Div. 1992)

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