Legal Opinion

People v. Espinal

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

Decided June 4, 1998Published

1Opinion of the Court

—Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered December 18, 1995, convicting defendant, upon his plea of guilty, of robbery in the first degree and burglary in the first degree, and sentencing him to concurrent terms of 6 to 18 years, unanimously affirmed.

The record establishes that defendant’s waiver of his right to appeal was knowing, voluntary, and intelligent and included waiver of the right to challenge his sentence as excessive (People v Seaberg, 74 NY2d 1). Accordingly, review of his present excessive sentence claim is precluded (People v Frazier, 228 AD2d 171, lv…

2Cases cited2 opinions

  1. People v. SeabergNew York Court of Appeals · 1989
  2. People v. FrazierAppellate Division of the Supreme Court of the State of New York · 1996

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