People v. Stevenson, 24 A.D.3d 1271 (N.Y. App. Div. 2005). · Go Syfert
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People v. Stevenson, 24 A.D.3d 1271 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Cieslewicz (nyappdiv, 2007-11-09)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) People v. Cieslewicz
N.Y. App. Div. · 2007 · confidence medium
Preservation of that challenge is not required, and the challenge survives defendant’s plea of guilty (see Edwards, 39 AD3d at 876-877 ; People v McClain, 24 AD3d 1271, 1272 [2005]).
discussed Cited as authority (rule) People v. June
N.Y. App. Div. · 2006 · confidence medium
The further contention of defendant that there is a jurisdictional defect in the waiver of indictment and in the SCI survives his waiver of the right to appeal (see People v McClain, 24 AD3d 1271, 1272 [2005]; People v Harris, 267 AD2d 1008, 1009 [1999] ), but that contention is lacking in merit.
discussed Cited "see" People v. Goforth
N.Y. App. Div. · 2007 · signal: see · confidence high
Thus, the SCI is jurisdictionally defective on that ground as well (see Kohl, 19 AD3d at 1156 ; cf. People v June, 30 AD3d 1016, 1017 [2006], lv denied 7 NY3d 813 , 868 [2006]; People v Clark, 24 AD3d 1225, 1226 [2005], lv denied 6 NY3d 832 [2006]; see generally People v McClain, 24 AD3d 1271, 1272 [2005]). “ ‘The waiver [of indictment] procedure [set forth in CPL 195.20] is triggered by the defendant being held for [g]rand [j]ury action on charges contained in a felony complaint . . . and it is in reference to those charges that its availability must be measured’ ” (People v Trueluck,…
discussed Cited "see, e.g." People v. Colon
N.Y. App. Div. · 2007 · signal: see also · confidence low
The defendant’s right to appellate review of this defect as a matter of law was not forfeited by his failure to raise a timely objection on this ground in the County Court or by his plea of guilty (see People v Zanghi, supra at 817; People v Boston, 75 NY2d 585, 589 [1990]; People v Menchetti, supra at 475 ; see also People v McClain, 24 AD3d 1271 [2005]; People v Kohl, 19 AD3d 1155 [2005]; People v Harris, 267 AD2d 1008 [1999]).
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The People of the State of New York
v.
Christina Stevenson
Appellate Division of the Supreme Court of the State of New York.
Dec 22, 2005.
24 A.D.3d 1271
Published

Appeal from a judgment of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), rendered January 21, 2005. The judgment convicted defendant, upon her plea of guilty, of criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed and the matter is remitted to Supreme Court, Erie County, for proceedings pursuant to CPL 460.50 (5).

Memorandum: Defendant appeals from a judgment convicting her upon her plea of guilty of criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]). Contrary to the contentions of defendant, her waiver of the right to appeal is valid (see People v Callahan, 80 NY2d 273, 280 [1992]), and that waiver encompasses her challenge to the severity of the sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]). In any event, the bargained-for sentence is not unduly harsh or severe. Present—Green, J.P., Scudder, Kehoe, Martoche and Fine, JJ.