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People v. Mitchell

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 7, 2000
274 A.D.2d 957 (N.Y. App. Div. 2000)

Opinion

July 7, 2000.

Appeal from Judgment of Niagara County Court, Fricano, J. — Attempted Robbery, 1st Degree.

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


Judgment unanimously affirmed.

Memorandum:

The waiver by defendant of the right to appeal as part of his plea of guilty encompasses his contention concerning the severity of the sentence ( see, People v. Lococo, 92 N.Y.2d 825, 827). The waiver also encompasses the contention of defendant in his pro se supplemental brief that he was denied the right to testify before the Grand Jury ( see, People v. Allred, 270 A.D.2d 926 [decided Mar. 29, 2000]; People v. Lynch, 256 A.D.2d 651, lv denied 93 N.Y.2d 1004; People v. Nesbett, 255 A.D.2d 950).


Summaries of

People v. Mitchell

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 7, 2000
274 A.D.2d 957 (N.Y. App. Div. 2000)
Case details for

People v. Mitchell

Case Details

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

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

Date published: Jul 7, 2000

Citations

274 A.D.2d 957 (N.Y. App. Div. 2000)
711 N.Y.S.2d 814

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