From Casetext: Smarter Legal Research

People v. Giggetts

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 607 (N.Y. App. Div. 1995)

Opinion

June 1, 1995

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


After bludgeoning her boyfriend to death with a tire iron, defendant pleaded guilty to the crime of manslaughter in the first degree and waived her right to appeal. Insofar as she failed to move to withdraw the plea or vacate the judgment of conviction, we find that she is precluded from challenging the sufficiency of the plea on this appeal. In any event, were we to consider the merits, we would find that the plea was knowing and voluntary. Finally, we reject defendant's claim that the sentence imposed of 5 to 15 years in prison was harsh and excessive. This sentence was imposed pursuant to the plea agreement, was well within statutory parameters and was appropriate given the violent nature of the crime.

Cardona, P.J., Mercure, Casey, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Giggetts

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 607 (N.Y. App. Div. 1995)
Case details for

People v. Giggetts

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHEILA A. GIGGETTS…

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

Date published: Jun 1, 1995

Citations

216 A.D.2d 607 (N.Y. App. Div. 1995)
627 N.Y.S.2d 172