Appellate Division of the Supreme Court of New York, 1994

People v. Brown

People v. Brown
Appellate Division of the Supreme Court of New York · Decided June 14, 1994
205 A.D.2d 352; 614 N.Y.S.2d 898; 1994 N.Y. App. Div. LEXIS 6224
People v. Brown

Opinion of the Court

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered March 12, 1991, convicting defendant, upon his plea of guilty, of attempted murder in the second degree, and sentencing him to a term of 6 to 18 years, unanimously affirmed.

Defendant’s plea allocution demonstrates a knowing and voluntary waiver of his right to appeal the conviction that was to be entered in his negotiated plea of guilty (see, People v Seaberg, 74 NY2d 1), which waiver included the negotiated sentence the court ultimately imposed (People v Allen, 82 NY2d 761). In any event, were we to review the sentence, we would not find it excessive. Concur—Murphy, P. J., Wallach, Ross, Rubin and Williams, JJ.

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