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People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 588 (N.Y. App. Div. 1999)

Opinion

Submitted May 12, 1999

June 21, 1999

Appeal by the defendant from a judgment of the County Court, Westchester County (LaCava, J.), rendered April 4, 1997, convicting her of robbery in the first degree, upon her plea of guilty, and imposing sentence.

Evelyn K. Isaac, White Plains, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Valerie A. Livingston and Richard Longworth Hecht of counsel), for respondent.

SONDRA MILLER, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant did not move to withdraw her plea or to vacate the judgment of conviction on the ground that her plea was not voluntary. As a result, this claim is not preserved for appellate review ( see, People v. Lopez, 71 N.Y.2d 662, 666; People v. Claudio, 64 N.Y.2d 858). In any event, the plea was knowingly, voluntarily, and intelligently made ( see, People v. Harris, 61 N.Y.2d 9; People v. Green, 240 A.D.2d 513).

The defendant waived the claim that her sentence is harsh and excessive by waiving the right to appeal ( see, People v. Hidalgo, 91 N.Y.2d 733, 736; People v. Allen, 82 N.Y.2d 761; People v. Callahan, 80 N.Y.2d 273).


Summaries of

People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 588 (N.Y. App. Div. 1999)
Case details for

People v. Thomas

Case Details

Full title:THE PEOPLE, etc., respondent, v. TENIQUE THOMAS, appellant. (Ind. No…

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

Date published: Jun 21, 1999

Citations

262 A.D.2d 588 (N.Y. App. Div. 1999)
691 N.Y.S.2d 792