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People v. Ennis

Appellate Division of the Supreme Court of New York, Third Department
Oct 29, 1998
254 A.D.2d 642 (N.Y. App. Div. 1998)

Opinion

October 29, 1998

Appeal from the County Court of Albany County (Breslin, J.).


Defendant was sentenced as a second felony offender to a determinate prison term of 20 years after pleading guilty to the crime of attempted murder in the second degree. Inasmuch as defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty, his challenge to the harshness of the sentence imposed is unpreserved for our review ( see, People v. Hays, 241 A.D.2d 627, lv denied 90 N.Y.2d 1011). Were we to consider defendant's assertion, we would find that the agreed-upon sentence was neither harsh nor excessive and would find no extraordinary circumstances warranting a reduction of the sentence in the interest of justice.

Cardona, P. J., Mercure, Crew III, Carpinello and Graffeo, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Ennis

Appellate Division of the Supreme Court of New York, Third Department
Oct 29, 1998
254 A.D.2d 642 (N.Y. App. Div. 1998)
Case details for

People v. Ennis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK ENNIS, Appellant

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

Date published: Oct 29, 1998

Citations

254 A.D.2d 642 (N.Y. App. Div. 1998)
679 N.Y.S.2d 349

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