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People v. Brown

205 A.D.2d 352 Court N.Y. App. Div. Decision date 1994-06-14 English

Contents

Majority

p. 352
The People of the State of New York, Respondent, v
p. 353
Ellis Brown, Appellant.
[614 NYS2d 898]

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered March 12, 1991, convicting defendant, upon his plea of guilty, of attempted murder in the second degree, and sentencing him to a term of 6 to 18 years, unanimously affirmed.

Defendant’s plea allocution demonstrates a knowing and voluntary waiver of his right to appeal the conviction that was to be entered in his negotiated plea of guilty (see, People v Seaberg, 74 NY2d 1 ), which waiver included the negotiated sentence the court ultimately imposed (People v Allen, 82 NY2d 761 ). In any event, were we to review the sentence, we would not find it excessive. Concur—Murphy, P. J., Wallach, Ross, Rubin and Williams, JJ.

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