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People v. Friend

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1991
173 A.D.2d 636 (N.Y. App. Div. 1991)

Opinion

May 20, 1991

Appeal from the County Court, Nassau County (Boklan, J.).


Ordered that the judgment is affirmed.

Prior to the entry of his guilty plea, and as part of the plea agreement, the defendant withdrew all motions, decided or undecided. Although this did not constitute a waiver of his right to appeal from the judgment and sentence rendered upon his plea of guilty, the defendant is now foreclosed from raising on appeal any questions concerning the County Court's rulings, including those which would otherwise have been reviewable pursuant to CPL 710.70 (2) (see, People v Andrews, 146 A.D.2d 787; People v Jackson, 142 A.D.2d 689, 690; see also, People v Taylor, 65 N.Y.2d 1). In any event, we conclude that all of the defendant's contentions with respect to the County Court's rulings lack merit. In addition, since the defendant received the sentence he was promised in accordance with the negotiated plea bargain, he has no basis to complain that it was excessive (see, People v Kazepis, 101 A.D.2d 816). Kooper, J.P., Harwood, Rosenblatt and Ritter, JJ., concur.


Summaries of

People v. Friend

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1991
173 A.D.2d 636 (N.Y. App. Div. 1991)
Case details for

People v. Friend

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD FRIEND…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 20, 1991

Citations

173 A.D.2d 636 (N.Y. App. Div. 1991)
570 N.Y.S.2d 222

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