Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Kenneth Green, Appellant

247 A.D.2d 284668 N.Y.S.2d 454·New York Supreme Court, Appellate Division·1998·NY

Concur — Sullivan, J. P., Wallach, Williams and Tom, JJ.

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

The People of the State of New York, Respondent, v Kenneth Green, Appellant. [668 NYS2d 454] [MAJORITY] Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered September 5, 1996, convicting defendant, upon his plea of guilty, of burglary in the second degree, and sentencing him, as a second felony offender, to a prison term of 9 years, unanimously affirmed. Defendant’s waiver of his right to appeal bars review of his claim that his sentence is excessive (People v Frazier, 228 AD2d 171, 172, lv denied 89 NY2d 922; People v Seaberg, 74 NY2d 1). However, contrary to the People’s suggestion, the appeal should not be dismissed (People v Callahan, 80 NY2d 273, 283-285). In any event, we perceive no abuse of sentencing discretion. Concur — Sullivan, J. P., Wallach, Williams and Tom, JJ.