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PEOPLE v. MC CREA [4th Dept 2001

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2001
(N.Y. App. Div. Feb. 7, 2001)

Opinion

February 7, 2001.

Appeal from Judgment of Cayuga County Court, Corning, J. — Attempted Assault, 1st Degree.

PRESENT: GREEN, J.P., PINE, HAYES, WISNER AND SCUDDER, JJ.


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon a plea of guilty of attempted assault in the first degree (Penal Law § 110.00, 120.10). Defendant failed to preserve for our review his contentions that he was denied his constitutional right to a speedy trial ( see, People v. Weeks, 272 A.D.2d 983, lv denied 95 N.Y.2d 872; People v. Beyor, 272 A.D.2d 929, 930, lv denied 95 N.Y.2d 832) and that he was deprived of due process by preindictment delay ( see, People v. Rodriguez, 237 A.D.2d 634, lv denied 89 N.Y.2d 1099; People v. Mike, 212 A.D.2d 999, 1000, lv denied 86 N.Y.2d 738), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see, CPL 470.15 [a]). The sentence is neither unduly harsh nor severe.


Summaries of

PEOPLE v. MC CREA [4th Dept 2001

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2001
(N.Y. App. Div. Feb. 7, 2001)
Case details for

PEOPLE v. MC CREA [4th Dept 2001

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. LAWRENCE ANTHONY…

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

Date published: Feb 7, 2001

Citations

(N.Y. App. Div. Feb. 7, 2001)