Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. David Cotton, Appellant
219 A.D.2d 836632 N.Y.S.2d 35·New York Supreme Court, Appellate Division·1995·NY
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Opinion
The People of the State of New York, Respondent, v David Cotton, Appellant.
[632 NYS2d 35]
[MAJORITY]
Judgment unanimously affirmed. Memorandum: Defendant contends that Supreme Court erred in denying his motion for severance. By pleading guilty, defendant waived his right to seek appellate review of the denial of that motion (see, People v Baez, 205 AD2d 695, lv denied 84 NY2d 822; People v Welcome, 184 AD2d 916, lv denied 80 NY2d 935; People v Flagg, 155 AD2d 552). We further conclude that the sentence, which was agreed upon as part of defendant’s plea, is not unduly harsh or severe (see, People v Tejeda, 217 AD2d 932; People v Kohler, 147 AD2d 937, lv denied 73 NY2d 1017). (Appeal from Judgment of Supreme Court, Monroe County, Bergin, J. — Robbery, 1st Degree.) Present— Green, J. P., Lawton, Callahan, Balio and Boehm, JJ.