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People v. Villafane

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 605 (N.Y. App. Div. 1995)

Opinion

June 1, 1995

Appeal from the County Court of Sullivan County (Kane, J.).


As part of his plea of guilty to two of the crimes charged in a five-count indictment, defendant waived his right to appeal. Insofar as he failed to move to withdraw his plea or vacate the judgment of conviction, he may not now challenge the sufficiency of his plea. In any event, were we to consider the merits, we would find on this record that the plea was knowing and voluntary. In addition, we reject defendant's claim that he was denied the effective assistance of counsel. Finally, considering that defendant was sentenced as a second felony offender and in accordance with the plea agreement, we do not find that the sentence imposed of 6 1/2 to 13 years in prison was harsh or excessive. We have examined defendant's remaining contentions and find them to be without merit.

Mercure, J.P., Crew III, White, Casey and Spain, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Villafane

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 1995
216 A.D.2d 605 (N.Y. App. Div. 1995)
Case details for

People v. Villafane

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS VILLAFANE…

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

Date published: Jun 1, 1995

Citations

216 A.D.2d 605 (N.Y. App. Div. 1995)
627 N.Y.S.2d 583

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