Legal Opinion

People v. Calhoun

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 2001Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [1]). Contrary to the contention of defendant, his waiver of the right to appeal was voluntarily, knowingly and intelligently entered (see, People v Seaberg, 74 NY2d 1, 11). That waiver encompasses defendant’s present contention concerning the severity of the sentence (see, People v Hidalgo, 91 NY2d 733, 737). In any event, defendant received the bargained-for sentence (see, People v…

2Cases cited3 opinions

  1. People v. SeabergNew York Court of Appeals · 1989
  2. People v. HidalgoNew York Court of Appeals · 1998
  3. People v. McGovernAppellate Division of the Supreme Court of the State of New York · 1999

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