PEOPLE v. SEABROOK (2003)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Marvin SEABROOK, Defendant-Appellant.

Decided: February 27, 2003

TOM, J.P., ANDRIAS, BUCKLEY, WILLIAMS and FRIEDMAN, JJ.

Rona Feinberg, for Respondent. Virginia A. LoPreto, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered March 11, 1998, convicting defendant, upon his plea of guilty, of attempted assault in the second degree and criminal possession of a weapon in the third degree, and sentencing him to consecutive terms of 3 1/212 to 7 years and 2 to 4 years, respectively, unanimously affirmed.

Since defendant's plea allocution clearly established that he committed separate acts, the imposition of consecutive sentences was proper. Defendant assaulted the victim by stabbing him with a knife and then, after the victim fled, defendant chased the victim while wielding the knife, constituting the separate and distinct crime of possession of a weapon in the third degree (see People v. Brown, 80 N.Y.2d 361, 590 N.Y.S.2d 422, 604 N.E.2d 1353).

Defendant made a valid waiver of his right to appeal (see People v. Moissett, 76 N.Y.2d 909, 563 N.Y.S.2d 43, 564 N.E.2d 653), and this waiver forecloses review of his claim that his sentence is harsh and excessive. In any event, we perceive no basis for reducing the sentence.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network