Appellate Division of the Supreme Court of New York, 2000

People v. McDonald

Appellate Division of the Supreme Court of New York · Decided March 29, 2000

270 A.D.2d 955; 705 N.Y.S.2d 308; 2000 N.Y. App. Div. LEXIS 3505

Cases that cite this one

12 later published cases cite this decision.

FISHER, MICHAEL J., PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
HILL, SHANNON v. PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
People v. Fisher (Appellate Division of the Supreme Court of New York 2012)
DUNHAM, ROBERT R., PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
People v. Dunham (Appellate Division of the Supreme Court of New York 2011)
People v. Straw (Appellate Division of the Supreme Court of New York 2010)
People v. Streeter (Appellate Division of the Supreme Court of New York 2010)
People v. Kozody (Appellate Division of the Supreme Court of New York 2010)
People v. Eatmon (Appellate Division of the Supreme Court of New York 2009)
People v. Looney (Appellate Division of the Supreme Court of New York 2005)
People v. Brown (Appellate Division of the Supreme Court of New York 2001)
People v. Andrews (Appellate Division of the Supreme Court of New York 2001)

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: We reject the contention of defendant that his waiver of the right to appeal was not knowing and intelligent (see, People v Callahan, 80 NY2d 273, 280). No particular litany is required for an effective waiver of the right to appeal (see, People v Kemp, 94 NY2d 831). Defendant entered a negotiated plea that was conditioned upon waiver of the right to appeal. He entered that plea upon the advice of defense counsel after discussing the waiver with him. Defendant acknowledged his right to appeal and expressly stated that he wished to waive that right. That waiver encompasses the right to challenge the severity of the sentence (see, People v Hidalgo, 91 NY2d 733, 737). In any event, the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Attempted Robbery, 2nd Degree.) Present — Pine, J. P., Wisner, Hurlbutt, Kehoe and Lawton, JJ.

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