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People v. Kruger

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 2009
68 A.D.3d 784 (N.Y. App. Div. 2009)

Opinion

No. 2007-03342.

December 1, 2009.

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered March 22, 2007, convicting him of burglary in the first degree, upon a plea of guilty, and imposing sentence.

Ostrer Rosenwasser, LLP, Chester, N.Y. (Benjamin Ostrer of counsel), for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Lauren E. Dunnock and Andrew R. Kass of counsel), for respondent.

Before: Dillon, J.P., Florio, Miller and Angiolillo, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's challenge to the judgment convicting him of burglary in the first degree, upon his plea of guilty, is barred because the plea encompassed a waiver of his right to appeal, and the waiver was knowingly, voluntarily, and intelligently made, and was not coerced ( see People v Seaberg, 74 NY2d 1, 10; People v Finn, 63 AD3d 755, 756, lv denied 13 NY3d 744; People v Alqam, 49 AD3d 776).


Summaries of

People v. Kruger

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 2009
68 A.D.3d 784 (N.Y. App. Div. 2009)
Case details for

People v. Kruger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN KRUGER, Appellant

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

Date published: Dec 1, 2009

Citations

68 A.D.3d 784 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 9044
888 N.Y.S.2d 898