People v. Wynn
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Because Supreme Court did not advise defendant of the potential periods of incarceration, the waiver by defendant of the right to appeal does not encompass his challenge to the severity of the sentence (see, People v Shea, 254 AD2d 512; cf., People v Lococo, 92 NY2d 825, 827; People v Hidalgo, 91 NY2d 733, 734-735, 737). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Erie County, Burns, J. — Attempted Criminal Possession Weapon, 3rd Degree.) Present— Pine, J. P., Lawton, Pigott, Jr., Hurlbutt and Scudder, JJ.
2Cases cited3 opinions
- People v. HidalgoNew York Court of Appeals · 1998
- People v. LococoNew York Court of Appeals · 1998
- People v. SheaAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by10 opinions
- People v. CormackAppellate Division of the Supreme Court of the State of New York · 2000
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2000
- People v. OehlerAppellate Division of the Supreme Court of the State of New York · 2000
- People v. BarkerAppellate Division of the Supreme Court of the State of New York · 1999
- People v. MayhamAppellate Division of the Supreme Court of the State of New York · 2000
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