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People v. Magee

Supreme Court, Appellate Division, Fourth Department, New York.
Sep 27, 2019
175 A.D.3d 1824 (N.Y. App. Div. 2019)

Opinion

KA 17–01753 843

09-27-2019

The PEOPLE of the State of New York, Respondent, v. Jeffrey R. MAGEE, Defendant–Appellant.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JAMES M. SPECYAL OF COUNSEL), FOR DEFENDANT–APPELLANT. JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (SUSAN M. HOWARD OF COUNSEL), FOR RESPONDENT.


THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JAMES M. SPECYAL OF COUNSEL), FOR DEFENDANT–APPELLANT.

JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (SUSAN M. HOWARD OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., SMITH, DEJOSEPH, CURRAN, AND WINSLOW, JJ.

MEMORANDUM AND ORDER It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted criminal possession of a controlled substance in the third degree ( Penal Law §§ 110.00, 220.16[1] ), defendant contends that he did not validly waive his right to appeal and that the sentence is unduly harsh and severe. The record establishes, however, that defendant's waiver of the right to appeal, as a condition of the bargained-for plea agreement, was knowing, intelligent, and voluntary (see People v. Bryant, 28 N.Y.3d 1094, 1096, 68 N.E.3d 60 [2016] ; People v. Colon, 122 A.D.3d 1309, 1309, 995 N.Y.S.2d 429 [4th Dept. 2014], lv denied 25 N.Y.3d 1200, 16 N.Y.S.3d 522, 37 N.E.3d 1165 [2015] ). The valid waiver of the right to appeal encompasses defendant's challenge to the severity of the sentence (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ).


Summaries of

People v. Magee

Supreme Court, Appellate Division, Fourth Department, New York.
Sep 27, 2019
175 A.D.3d 1824 (N.Y. App. Div. 2019)
Case details for

People v. Magee

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Jeffrey R. MAGEE…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Sep 27, 2019

Citations

175 A.D.3d 1824 (N.Y. App. Div. 2019)
107 N.Y.S.3d 767

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