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People v. Shearer

Appellate Division of the Supreme Court of New York, Third Department
May 20, 1993
193 A.D.2d 969 (N.Y. App. Div. 1993)

Opinion

May 20, 1993

Appeal from the County Court of Montgomery County (Aison, J.).


Defendant contends on this appeal that the sentence of 2 1/3 to 7 years' imprisonment that he received upon his plea of guilty is harsh and excessive. The record reveals that defendant knowingly and voluntarily waived his right to appeal from the judgment of County Court as a part of his plea agreement (see, People v Seaberg, 74 N.Y.2d 1; People v Burk, 181 A.D.2d 74, lv denied 80 N.Y.2d 927; People v Bennett, 152 A.D.2d 886, lv denied 74 N.Y.2d 845). The judgment is therefore affirmed (see, People v Callahan, 80 N.Y.2d 273).

Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Shearer

Appellate Division of the Supreme Court of New York, Third Department
May 20, 1993
193 A.D.2d 969 (N.Y. App. Div. 1993)
Case details for

People v. Shearer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONOVAN W. SHEARER…

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

Date published: May 20, 1993

Citations

193 A.D.2d 969 (N.Y. App. Div. 1993)
598 N.Y.S.2d 1009