People v. Cormack
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Because County 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 Wynn, 262 AD2d 1052; People v Shea, 254 AD2d 512, 513; cf., People v Lococo, 92 NY2d 825, 827). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Erie County Court, DiTullio, J. — Attempted Robbery, 1st Degree.) Present — Green, A. P. J., Hurlbutt, Scudder and Lawton, JJ.
2Cases cited3 opinions
- People v. LococoNew York Court of Appeals · 1998
- People v. SheaAppellate Division of the Supreme Court of the State of New York · 1998
- People v. WynnAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by8 opinions
- People v. NewmanAppellate Division of the Supreme Court of the State of New York · 2005
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2000
- People v. MayhamAppellate Division of the Supreme Court of the State of New York · 2000
- People v. GuiseAppellate Division of the Supreme Court of the State of New York · 2000
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2000
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