People v. Record, 148 A.D.3d 1651 (N.Y. App. Div. 2017). · Go Syfert
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People v. Record, 148 A.D.3d 1651 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Strongest positive: People v. Person (nyappdiv, 2017-09-29)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) People v. Person
N.Y. App. Div. · 2017 · confidence medium
Furthermore, in view of the ample evidence apart from the victim’s pretrial identification establishing defendant’s identity as one of the perpetrators of the robbery, we conclude that any error by counsel in failing to move to reopen the hearing “was not so egregious and prejudicial as to deprive defendant of a fair trial” (People v Coley, 148 AD3d 1651, 1652 [2017], lv denied 29 NY3d 1030 [2017] [internal quotation marks omitted]; see generally People v Benevento, 91 NY2d 708, 713-714 [1998]).
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The People of the State of New York
v.
Erica P. Record
Appellate Division of the Supreme Court of the State of New York.
Mar 24, 2017.
148 A.D.3d 1651
Centra, Curran, Scudder, Smith, Whalen.
Published

Appeal from a judgment of the Ontario County Court (Frederick G. Reed, A.J.), rendered February 7, 2014. The judgment convicted defendant, upon her plea of guilty, of burglary in the second degree and petit larceny.

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

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of burglary in the second degree (Penal Law § 140.25 [2]) and petit larceny (§ 155.25). The record establishes that County Court advised defendant of the maximum sentence that could be imposed upon a violation of the conditions of the guilty plea, and thus defendant’s waiver of the right to appeal encompasses her contention that the enhanced sentence is unduly harsh and severe (see People v VanDeViver, 56 AD3d 1118, 1119 [2008], lv denied 11 NY3d 931 [2009], denied reconsideration 12 NY3d 788 [2009]).

Present— Whalen, P.J., Smith, Centra, Curran and Scudder, JJ.