Appellate Division of the Supreme Court of New York, 2000

People v. Thomas

Appellate Division of the Supreme Court of New York · Decided May 10, 2000

272 A.D.2d 985; 708 N.Y.S.2d 681; 2000 N.Y. App. Div. LEXIS 5282

Cases that cite this one

6 later published cases cite this decision.

People v. Cruz (Appellate Division of the Supreme Court of New York 2016)
People v. Cruz (Appellate Division of the Supreme Court of New York 2016)
People v. Banchs (Appellate Division of the Supreme Court of New York 2005)
People v. Cooney (Appellate Division of the Supreme Court of New York 2002)
People v. Goss (Appellate Division of the Supreme Court of New York 2001)
People v. Yekel (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: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted burglary in the first degree (Penal Law §§ 110.00, 140.30 [1]). Contrary to the contention of the People, defendant has preserved for our review his challenge to the severity of his sentence. Because Supreme Court did not advise defendant of the potential periods of incarceration, including the potential period of postrelease supervision, the waiver by defendant of *986the right to appeal does not encompass his challenge to the severity of the sentence (see, People v Cormack, 269 AD2d 815; People v Wynn, 262 AD2d 1052; cf., People v Lococo, 92 NY2d 825, 827). We conclude, however, that the five-year period of postrelease supervision imposed by the court is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Attempted Burglary, 1st Degree.) Present — Green, J. P., Hayes, Wisner and Hurlbutt, JJ.

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