People v. Flagg
| Decision Date | 13 November 1989 |
| Citation | 155 A.D.2d 552,547 N.Y.S.2d 583 |
| Parties | The PEOPLE, etc., Respondent, v. Marion FLAGG, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Brown & Guilbert, Mineola (Richard J. Guilbert, of counsel), for appellant. Denis Dillon, Dist. Atty., Mineola (Bruce E. Whitney and Megan A. Gallagher, of counsel), for respondent.
Appeal by defendant from a judgment of the County Court, Nassau County (Baker, J.), rendered September 8, 1986, convicting defendant of murder in the second degree, upon his plea of guilty, and imposing sentence. ORDERED, that the judgment is affirmed. The defendant waived his right to seek appellate review of the denial of his motion for a severance as a result of his guilty plea (People v. Decker, 135 A.D.2d 920, 522 N.Y.S.2d 317). The court did not improvidently exercise its discretion in denying the defendant's presentence motion to withdraw his plea of guilty, since the allegations made in support of that motion were conclusory and unsubstantiated (see, People v. Pettiford, 133 A.D.2d 856, 520 N.Y.S.2d 414). Finally, the sentence imposed was appropriate, notwithstanding the fact that the defendant's accomplices, who pleaded guilty to lesser crimes, received lesser sentences.
To continue reading
Request your trial
-
People v. Cotton
...163; People v. Welcome, 184 A.D.2d 916, 587 N.Y.S.2d 229, lv. denied 80 N.Y.2d 935, 589 N.Y.S.2d 863, 603 N.E.2d 968; People v. Flagg, 155 A.D.2d 552, 547 N.Y.S.2d 583). We further conclude that the sentence, which was agreed upon as part of defendant's plea, is not unduly harsh or severe (......
- People v. Gambale
-
People v. Shepphard
...review of the denial of his severance motion (see, People v. Taylor, 65 N.Y.2d 1, 5, 489 N.Y.S.2d 152, 478 N.E.2d 755; People v. Flagg, 155 A.D.2d 552, 547 N.Y.S.2d 583). ...