People v. Johns

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUSTIN JOHNS, Appellant

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

Date published: Nov 19, 1997

244 A.D.2d 951 (N.Y. App. Div. 1997)

668 N.Y.S.2d 134

Opinion

November 19, 1997

(Appeal from Judgment of Niagara County Court, Fricano, J. — Attempted Criminal Possession Controlled Substance, 3rd Degree.)

Present — Denman, P. J., Hayes, Callahan and Fallon, JJ.

Judgment unanimously affirmed. Memorandum: The contention of defendant that his sentence is unduly harsh or severe does not survive the voluntary, knowing and intelligent waiver of his right to appeal ( see, People v. Allen, 82 N.Y.2d 761, 763; People v. West, 239 A.D.2d 921). In any event, defendant's sentence is neither unduly harsh nor severe ( see, People v Wiggins, 227 A.D.2d 918, lv denied 89 N.Y.2d 1016).