People v. Collins, 134 A.D.3d 1352 (N.Y. App. Div. 2015). · Go Syfert
People v. Collins, 134 A.D.3d 1352 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: People v. Smith (nyappdiv, 2020-10-01)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2020 · confidence medium
Finally, we reject defendant's claim that the agreed-upon sentence imposed, which was the minimum permissible sentence for a second felony offender ( see Penal Law §§ 70.06 [3] [e]; [4] [b]; 110.00, 205.25 [2]; People v Collins , 134 AD3d 1352, 1353 [2015]), was harsh and excessive.
discussed Cited as authority (rule) People v. Simon
N.Y. App. Div. · 2016 · confidence medium
As such, defendant’s valid waiver of appeal precludes his contentions that County Court abused its discretion in declining to treat him as a youthful offender (see People v Roberts, 134 AD3d 1352, 1352 [2015]; People v Wright, 123 AD3d 1241, 1241 [2014]) and that the sentence imposed was harsh and excessive (see People v Brasmeister, 136 AD3d 1122, 1123 [2016], lv denied 27 NY3d 993 [2016]).
discussed Cited as authority (rule) People v. Hernandez
N.Y. App. Div. · 2016 · confidence medium
Given defendant’s valid appeal waiver, he is foreclosed from challenging both County Court’s decision to deny him youthful offender status and the sentence as harsh and excessive (see People v Pacherille, 25 NY3d 1021, 1023-1024 [2015]; People v Lopez, 6 NY3d at 256 ; People v Bailey, 137 AD3d 1620, 1621 [2016]; People v Roberts, 134 AD3d 1352, 1352 [2015]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Tenell Collins
Appellate Division of the Supreme Court of the State of New York.
Dec 24, 2015.
134 A.D.3d 1352
Cited by 1 opinion  |  Published

Appeal from a judgment of the County Court of Clinton County (McGill, J.), rendered January 14, 2014, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

In satisfaction of a two-count indictment, defendant entered a guilty plea to the reduced charge of attempted promoting prison contraband in the first degree. County Court imposed[*1353] the agreed-upon prison sentence of IV2 to 3 years, as an admitted second felony offender, the minimum permissible sentence (see Penal Law § 70.06 [3] [e]; [4] [b]), to run consecutively to the sentence he was then serving. Defendant now appeals.*

Appellate counsel seeks to be relieved of her assignment of representing defendant on the ground that there are no nonfrivolous issues to be raised on appeal. Based upon our review of the record and briefs, we agree. Therefore, the judgment is affirmed and counsel’s request for leave to withdraw is granted (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Peters, P.J., Rose, Lynch and Clark, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.

Although defendant’s pro se notice of appeal contains errors in the date of the judgment and the crime of conviction, we will overlook these errors and treat the notice of appeal as if it were validly taken from the amended sentence rendered January 14, 2014 (see CPL 460.10; People v Saunders, 127 AD3d 1420, 1421 [2015], lv denied 26 NY3d 935 [2015]).