Appellate Division of the Supreme Court of New York, 2003

People v. McLean

Appellate Division of the Supreme Court of New York · Decided February 7, 2003

302 A.D.2d 934; 753 N.Y.S.2d 799; 2003 N.Y. App. Div. LEXIS 914

Cases that cite this one

25 later published cases cite this decision.

WILLIAMS, TYREEK, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
SCHULTZ, TIFFANY L., PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
COOKHORNE, PAUL A., PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
People v. Cookhorne (Appellate Division of the Supreme Court of New York 2014)
People v. Cookhorne (Appellate Division of the Supreme Court of New York 2014)
People v. Schultz (Appellate Division of the Supreme Court of New York 2014)
People v. Schultz (Appellate Division of the Supreme Court of New York 2014)
People v. Williams (Appellate Division of the Supreme Court of New York 2014)
People v. Williams (Appellate Division of the Supreme Court of New York 2014)
RAVARINI, ANTHONY J., PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
KELLY, RAYNA A., PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
GRANT, BRAVEON, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
VILLAFANE, JEAN PIERRE, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
JACOBS, DENNIS, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
CLARK, JEREMY, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
People v. Clark (Appellate Division of the Supreme Court of New York 2012)
People v. Clark (Appellate Division of the Supreme Court of New York 2012)
People v. Villafane (Appellate Division of the Supreme Court of New York 2012)
People v. Villafane (Appellate Division of the Supreme Court of New York 2012)
People v. Jacobs (Appellate Division of the Supreme Court of New York 2012)
People v. Jacobs (Appellate Division of the Supreme Court of New York 2012)
People v. Kelly (Appellate Division of the Supreme Court of New York 2012)
People v. Ravarini (Appellate Division of the Supreme Court of New York 2012)
People v. Eron (Appellate Division of the Supreme Court of New York 2010)
People v. Mingo (Appellate Division of the Supreme Court of New York 2007)

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 Oneida County Court (Dwyer, J.), entered November 10, 1999, convicting defendant upon his plea of guilty of, inter alia, criminal sale of a controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of, inter alia, criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), defendant contends that his waiver of the right to appeal was not knowingly, voluntarily or intelligently entered and that the sentence is unduly harsh and severe. Because County Court failed to advise defendant of the “potential periods of incarceration that could be imposed before he waived his right to appeal,” the waiver, even if valid, does not encompass defendant’s challenge to the severity of the sentence (People v Webb, 299 AD2d 955; see generally People v Lococo, 92 NY2d 825, 827). We conclude, however, that the sentence is neither unduly harsh nor severe. Present — Green, J.P., Pine, Hurlbutt, Kehoe and Hayes, JJ.

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