Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
The PEOPLE, etc., respondent, v. Quaheri REDCROSS, appellant.
Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered October 11, 2002, convicting him of attempted assault in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's valid waiver of the right to appeal precludes review of his challenge to the procedures the County Court utilized in determining and imposing sentence (see People v. Callahan, 80 N.Y.2d 273, 281, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Pressley, 251 A.D.2d 430, 673 N.Y.S.2d 320; People v. Hicks, 201 A.D.2d 831, 608 N.Y.S.2d 543), and his claim that his negotiated sentence was unduly harsh and excessive (see People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46; People v. Ackerman, 11 A.D.3d 473, 782 N.Y.S.2d 775; People v. Stamatelos, 8 A.D.3d 591, 778 N.Y.S.2d 702, lv. denied 3 N.Y.3d 682, 784 N.Y.S.2d 20, 817 N.E.2d 838; People v. LaFurno, 8 A.D.3d 498, 778 N.Y.S.2d 316, lv. denied 3 N.Y.3d 676, 784 N.Y.S.2d 15, 817 N.E.2d 833).
The defendant's further contention that his plea was not voluntarily entered because he was not informed that he would be subject to a mandatory period of post-release supervision is unpreserved for appellate review since he did not move either to withdraw his plea on this ground or to vacate the judgment of conviction (see People v. Richards, 6 A.D.3d 464, 774 N.Y.S.2d 350; People v. Chapman, 2 A.D.3d 647, 768 N.Y.S.2d 345; People v. Concepcion, 2 A.D.3d 873, 769 N.Y.S.2d 747; People v. Folks, 306 A.D.2d 355, 760 N.Y.S.2d 856), and we decline to review it in the exercise of our interest of justice jurisdiction.
The defendant's remaining contention is without merit.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: December 20, 2004
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)