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People v. Scott

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 650 (N.Y. App. Div. 2000)

Opinion

Submitted September 12, 2000.

October 16, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered August 11, 1997, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Patrick Michael McKenna, Valley Stream, N.Y., for appellant, and appellant pro se.

James M. Catterson, Jr., District Attorney, Riverhead, N Y (Marion M. Tang of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., ANITA R. FLORIO, HOWARD MILLER, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contentions regarding ineffective assistance of counsel are either based upon matters which are dehors the record and cannot be reviewed on this appeal (see, People v. Clemens, 259 A.D.2d 758), or are without merit.

Appellate review of the remaining issues raised by the defendant, including those raised in his supplemental pro se brief, was effectively waived by him as part of his negotiated plea, which was voluntary, knowing, and intelligent (see, People v. Hidalgo, 91 N.Y.2d 733; People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1).


Summaries of

People v. Scott

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 650 (N.Y. App. Div. 2000)
Case details for

People v. Scott

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. BRIAN SCOTT, APPELLANT. (IND. NO. 1769/93)

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

Date published: Oct 16, 2000

Citations

276 A.D.2d 650 (N.Y. App. Div. 2000)
714 N.Y.S.2d 896

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