From Casetext: Smarter Legal Research

People v. Tate

Appellate Division of the Supreme Court of New York, Third Department
Apr 6, 2006
28 A.D.3d 801 (N.Y. App. Div. 2006)

Opinion

16011.

April 6, 2006.

Appeal from a judgment of the County Court of Greene County (Pulver, Jr., J.), rendered September 28, 2004, convicting defendant upon her plea of guilty of the crime of criminal possession of stolen property in the fourth degree.

Catherine A. Barber, Schenectady, for appellant.

Terry J. Wilhelm, District Attorney, Catskill, for respondent.

Before: Mercure, J.P., Crew III, Spain, Rose and Lahtinen, JJ., concur.


Defendant waived indictment and agreed to be prosecuted by a superior court information charging her with criminal possession of stolen property in the fourth degree and grand larceny in the fourth degree after she used bad checks — i.e., for which accounts were closed or contained insufficient funds — to pay for certain merchandise. She pleaded guilty to criminal possession of stolen property in the fourth degree in satisfaction of these and other charges pending in Greene County, and comprehensively waived her right to appeal orally and in writing. Under the terms of the plea agreement, she was to be sentenced to 1 1/3 to 4 years in prison, with the understanding that any term of imprisonment in connection with charges pending in Schoharie County would be imposed concurrently. Defendant was sentenced in accordance with the plea agreement and now appeals.

Defendant's sole contention on appeal is that her sentence should be reduced in the interest of justice. However, given her knowing, voluntary and intelligent guilty plea and waiver of the right to appeal reflected in County Court's careful plea colloquy, we will not review the severity of defendant's sentence ( see People v. Lopez, 6 NY3d 248, 255-256; People v. Clow, 10 AD3d 803, 804).

Ordered that the judgment is affirmed.


Summaries of

People v. Tate

Appellate Division of the Supreme Court of New York, Third Department
Apr 6, 2006
28 A.D.3d 801 (N.Y. App. Div. 2006)
Case details for

People v. Tate

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAN Z. TATE, Appellant

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

Date published: Apr 6, 2006

Citations

28 A.D.3d 801 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2576
811 N.Y.S.2d 600

Citing Cases

People v. Tate

May 31, 2006. Appeal from 3d Dept: 28 AD3d 801 (Greene). Application in criminal cases for leave to appeal…

People v. Talback

Because defendant waived his right to a preliminary hearing and "the record of the plea proceeding…