Appellate Division of the Supreme Court of New York, 1997

People v. McGee

People v. McGee
Appellate Division of the Supreme Court of New York · Decided July 3, 1997
241 A.D.2d 972; 661 N.Y.S.2d 393; 1997 N.Y. App. Div. LEXIS 7928
People v. McGee

Cases that cite this one

2 later published cases cite this decision.

  • People v. Khan (Appellate Division of the Supreme Court of New York 2002)
  • People v. Boyd (Appellate Division of the Supreme Court of New York 1998)

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

Judgment unanimously affirmed. Memorandum: Although defendant signed a waiver of the right to appeal, the plea colloquy does not contain any reference to defendant’s waiving that right, and thus we cannot conclude that the waiver was knowing and voluntary. Defendant’s challenge to the sentence is therefore properly before us (see, People v Callahan, 80 NY2d 273, 280; People v Seaberg, 74 NY2d 1, 11). We conclude that the sentence is not unduly harsh or severe. (Appeal from Judgment of Onondaga County Court, Mulroy, J.—Criminal Possession Controlled Substance, 5th Degree.) Present—Denman, P. J., Pine, Callahan, Balio and Fallon, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.