Legal Opinion

People v. Harvey

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

Decided November 26, 1986PublishedCited by 29 opinions

1Opinion of the Court

After plea negotiations, defendant, represented by counsel, agreed to plead guilty to a reduced charge of first degree assault in exchange for a promised sentence of an indeterminate term of imprisonment of 3 Vs to 10 years. As part of the plea, defendant clearly and unequivocally waived his right to appeal. The promised sentence was imposed. Defendant now appeals, contending that the sentence was harsh and excessive.

The People ask this court to enforce defendant’s waiver of his right to appeal and dismiss the appeal. In People v Jandrew (101 AD2d 90), this court noted that after a plea of…

2Cases cited3 opinions

  1. People v. PollenzNew York Court of Appeals · 1986
  2. People v. JandrewAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. LucasAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by29 opinions

  1. People v. BurkAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. GeorgeAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. BourneAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. LesterAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1988

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