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People v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 1995
219 A.D.2d 676 (N.Y. App. Div. 1995)

Opinion

September 18, 1995

Appeal from the County Court, Westchester County (Angiollilo, J.).


Ordered that the judgment is affirmed.

The defendant failed to establish that his assigned counsel rendered ineffective assistance to him during the plea proceeding. Accordingly, the Supreme Court did not improvidently exercise its discretion when it denied the defendant's motion, made at sentencing, for the assignment of new counsel and an adjournment.

The defendant expressly waived his right to claim on appeal that the sentence which he received was excessive (see, People v Seaberg, 74 N.Y.2d 1; see also, People v Kazepis, 101 A.D.2d 816). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.


Summaries of

People v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 1995
219 A.D.2d 676 (N.Y. App. Div. 1995)
Case details for

People v. Kelly

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES S. KELLY…

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

Date published: Sep 18, 1995

Citations

219 A.D.2d 676 (N.Y. App. Div. 1995)
631 N.Y.S.2d 311

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