Appellate Division of the Supreme Court of New York, 1994

People v. Qui Tran

People v. Qui Tran
Appellate Division of the Supreme Court of New York · Decided January 4, 1994
200 A.D.2d 362; 608 N.Y.S.2d 67; 1994 N.Y. App. Div. LEXIS 6
People v. Qui Tran

Opinion of the Court

—Judgment, Supreme Court, New York County (Franklin Weissberg, J.), rendered March 26, 1991, convicting defendant, upon his plea of guilty, of two counts of manslaughter in the second degree, and sentencing him to consecutive terms of five to fifteen years, unanimously affirmed.

We find that, under the plea agreement, defendant intelligently and voluntarily waived his right to appeal and any claim as to excessiveness in exchange for a highly favorable sentence (People v Seaberg, 74 NY2d 1, 11-12). Were we to review defendant’s sentence in the interest of justice, we would find no merit to the claim. Concur — Carro, J. P., Wallach, Asch and Nardelli, JJ.

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