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People v. Stanton

Appellate Division of the Supreme Court of New York, Second Department
Aug 29, 1994
207 A.D.2d 566 (N.Y. App. Div. 1994)

Opinion

August 29, 1994

Appeal from the Supreme Court, Richmond County (Felig, J.).


Ordered that the sentence is affirmed.

The defendant's waiver of his right to appeal was conditioned on the premise that the sentence which would be imposed was the promised sentence. Since the court ultimately imposed a harsher sentence than that originally promised, the waiver of the right to appeal should not be enforced (see, People v. Poole, 202 A.D.2d 450; People v. Prescott, 196 A.D.2d 599). However, we find the sentence imposed was not unduly harsh nor excessive (see, People v. Delgado, 80 N.Y.2d 780; People v. Suitte, 90 A.D.2d 80). Mangano, P.J., Rosenblatt, Miller, Copertino and Krausman, JJ., concur.


Summaries of

People v. Stanton

Appellate Division of the Supreme Court of New York, Second Department
Aug 29, 1994
207 A.D.2d 566 (N.Y. App. Div. 1994)
Case details for

People v. Stanton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN STANTON…

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

Date published: Aug 29, 1994

Citations

207 A.D.2d 566 (N.Y. App. Div. 1994)
616 N.Y.S.2d 248