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People v. Crosby

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 31, 2008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JONATHAN A. CROSBY, DEFENDANT-APPELLANT.

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered June 6, 2007. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the second degree.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., HURLBUTT, PERADOTTO, GREEN, AND GORSKI, JJ.

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

Memorandum

Defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [2] [a]). Supreme Court did not abuse its discretion in denying the motion of defendant to withdraw his plea, which was based upon his alleged misunderstanding that he was pleading guilty to a violent felony (see People v Walton, 98 AD2d 842, 843). The valid waiver by defendant of his right to appeal encompasses his challenge to the severity of his sentence (see People v Hidalgo, 91 NY2d 733, 737).

20081231

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