Appellate Division of the Supreme Court of New York, 1997

People v. Buchanan

Appellate Division of the Supreme Court of New York · Decided February 27, 1997

236 A.D.2d 741; 654 N.Y.S.2d 838; 1997 N.Y. App. Div. LEXIS 2022

Cases that cite this one

21 later published cases cite this decision.

People v. Rea (Appellate Division of the Supreme Court of New York 2003)
People v. Hale (Appellate Division of the Supreme Court of New York 2000)
People v. Chapman (Appellate Division of the Supreme Court of New York 2000)
People v. Ferguson (Appellate Division of the Supreme Court of New York 2000)
People v. Mickens (Appellate Division of the Supreme Court of New York 2000)
People v. De Percin (Appellate Division of the Supreme Court of New York 1999)
People v. Hughes (Appellate Division of the Supreme Court of New York 1999)
People v. Whittaker (Appellate Division of the Supreme Court of New York 1999)
People v. De Percin (Appellate Division of the Supreme Court of New York 1999)
People v. Hughes (Appellate Division of the Supreme Court of New York 1999)
People v. Whittaker (Appellate Division of the Supreme Court of New York 1999)
People v. Torres (Appellate Division of the Supreme Court of New York 1999)
People v. Burg (Appellate Division of the Supreme Court of New York 1999)
People v. Blair (Appellate Division of the Supreme Court of New York 1999)
People v. Paulin (Appellate Division of the Supreme Court of New York 1999)
People v. Paulin (Appellate Division of the Supreme Court of New York 1999)
People v. Cooper (Appellate Division of the Supreme Court of New York 1999)
People v. Jimenez (Appellate Division of the Supreme Court of New York 1999)
People v. Moneyhan (Appellate Division of the Supreme Court of New York 1998)
People v. Mattson (Appellate Division of the Supreme Court of New York 1998)
People v. Ellett (Appellate Division of the Supreme Court of New York 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Appeal from a judgment of the County Court of Albany County (Rosen, J.), rendered July 6, 1995, convicting defendant upon his plea of guilty of the crime of attempted robbery in the second degree.

*742Defendant pleaded guilty to the crime of attempted robbery in the second degree. As part of the plea agreement, defendant waived his right to appeal and was sentenced to a prison term of V-I2 to 4x/2 years. Defendant contends that his sentence was harsh and excessive in light of his continued participation in a substance abuse program and his steady employment since his release from prison. Inasmuch as defendant waived his right to appeal as part of a knowing, voluntary and intelligent guilty plea, we find that this issue has not been preserved for appellate review (see, People v Nardi, 232 AD2d 673; People v Sullivan, 223 AD2d 893). Nevertheless, were we to consider this issue, we would find that the agreed-upon sentence was neither harsh nor excessive given the violent nature of defendant’s crime.

Mikoll, J. P., Casey, Yesawich Jr., Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.