Legal Opinion

People v. Spagnola

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

Decided December 1, 1997PublishedCited by 1 opinion

1Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered June 4, 1996, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal his conviction and sentence as part of his negotiated plea of guilty (see, People v Callahan, 80 NY2d 273). Thus, the defendant is precluded from claiming, inter alia, that tbe sentence imposed by the court was excessive (see, People…

2Cases cited3 opinions

  1. People v. CallahanNew York Court of Appeals · 1992
  2. People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. HayesAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by1 opinion

  1. People v. SpagnolaAppellate Division of the Supreme Court of the State of New York · 2020

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