People v. Korona

CourtNew York Supreme Court Appellate Division
Writing for the CourtBefore MIKOLL; MAHONEY; MIKOLL
Citation603 N.Y.S.2d 88,197 A.D.2d 788
Decision Date28 October 1993
PartiesThe PEOPLE of the State of New York, Respondent, v. Roy N. KORONA, Appellant.

Page 88

603 N.Y.S.2d 88
197 A.D.2d 788
The PEOPLE of the State of New York, Respondent,
v.
Roy N. KORONA, Appellant.
Supreme Court, Appellate Division,
Third Department.
Oct. 28, 1993.

Robert Krzys, Amsterdam, for appellant.

Guy P. Tomlinson, Dist. Atty. (Joseph M. Sise, of counsel), Fonda, for respondent.

Before MIKOLL, J.P., and MERCURE, CARDONA, MAHONEY and CASEY, JJ.

MAHONEY, Justice.

Appeals (1) from a judgment of the County Court of Montgomery County (Aison, J.), rendered November 9, 1990, upon a verdict convicting defendant of the crime of criminal sale of a controlled[197 A.D.2d 789] substance in the third degree, and (2) from a judgment of said court, rendered November 9, 1990, convictingdefendant

Page 89

upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

Defendant was the subject of two separate indictments dated December 11, 1989 charging him with, inter alia, various counts of criminal possession and sale of a controlled substance in the third degree. The first indictment, No. 136-89, was against defendant alone; the second, No. 134-89, was against defendant and another and proceeded upon an acting in concert or accomplice theory. Following a jury trial on the first indictment, defendant was convicted of criminal sale of a controlled substance in the third degree. On the day sentencing was scheduled to occur relative to that conviction, defendant entered a plea of guilty to criminal possession of a controlled substance in the third degree in full satisfaction of the charges contained in the second indictment. As part of his plea agreement, defendant expressly waived his rights to appeal from the convictions arising from both indictments. He subsequently was sentenced on both convictions to concurrent indeterminate prison terms of 6 to 18 years. Claiming errors in the denial of certain pretrial motions in connection with both indictments, alleged proof defects in the trial of the first indictment and asserting that the sentences imposed were excessive, defendant now appeals.

In our view, defendant's express waiver of the right to appeal both judgments of conviction is valid and enforceable and precludes our consideration of most of the arguments advanced. It is now well settled that a defendant ordinarily may waive his or her right to appeal as part of a negotiated plea as long as the waiver is knowingly and voluntarily made (see, People v. Callahan, 80 N.Y.2d 273, 590...

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6 practice notes
  • People v. Sanders
    • United States
    • New York Supreme Court Appellate Division
    • 11 Diciembre 2013
    ...Division would mean. But, the defendant in this case was 27 years old and “no stranger to the criminal justice system” (People v. Korona, 197 A.D.2d 788, 790, 603 N.Y.S.2d 88; People v. Graham, 177 A.D.2d 505, 506, 575 N.Y.S.2d 715), having multiple prior convictions, including a federal co......
  • People v. Holmes, 00-01907
    • United States
    • New York Supreme Court Appellate Division
    • 3 Mayo 2002
    ...of a negotiated plea in situations such as this" (People v Govan, 199 A.D.2d 815, 816, lv denied 83 N.Y.2d 853, citing People v Korona, 197 A.D.2d 788, lv denied 82 N.Y.2d 926), irrespective of whether that plea stems from charges "closely connected" (Govan, 199 A.D.2d at 816; see Korona, 1......
  • People v. Wiggins
    • United States
    • New York Supreme Court Appellate Division
    • 30 Noviembre 2010
    ...v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022; People v. Walsh, 243 A.D.2d 590, 665 N.Y.S.2d 514; People v. Korona, 197 A.D.2d 788, 790, 603 N.Y.S.2d 88). Consequently, appellate review of the factual sufficiency of his allocution to aggravated driving while intoxicated as ......
  • People v. Govan
    • United States
    • New York Supreme Court Appellate Division
    • 30 Diciembre 1993
    ...as part of a negotiated plea in situations such as this where the criminal proceedings are closely connected (see, People v. Korona, 197 A.D.2d 788, 603 N.Y.S.2d 88). However, to be effective the waiver must have been knowingly and voluntarily made (see, People v. Callahan, 80 N.Y.2d 273, 5......
  • Request a trial to view additional results
6 cases
  • People v. Sanders
    • United States
    • New York Supreme Court Appellate Division
    • 11 Diciembre 2013
    ...Division would mean. But, the defendant in this case was 27 years old and “no stranger to the criminal justice system” (People v. Korona, 197 A.D.2d 788, 790, 603 N.Y.S.2d 88; People v. Graham, 177 A.D.2d 505, 506, 575 N.Y.S.2d 715), having multiple prior convictions, including a federal co......
  • People v. Holmes, 00-01907
    • United States
    • New York Supreme Court Appellate Division
    • 3 Mayo 2002
    ...of a negotiated plea in situations such as this" (People v Govan, 199 A.D.2d 815, 816, lv denied 83 N.Y.2d 853, citing People v Korona, 197 A.D.2d 788, lv denied 82 N.Y.2d 926), irrespective of whether that plea stems from charges "closely connected" (Govan, 199 A.D.2d at 816; see Korona, 1......
  • People v. Wiggins
    • United States
    • New York Supreme Court Appellate Division
    • 30 Noviembre 2010
    ...v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022; People v. Walsh, 243 A.D.2d 590, 665 N.Y.S.2d 514; People v. Korona, 197 A.D.2d 788, 790, 603 N.Y.S.2d 88). Consequently, appellate review of the factual sufficiency of his allocution to aggravated driving while intoxicated as ......
  • People v. Govan
    • United States
    • New York Supreme Court Appellate Division
    • 30 Diciembre 1993
    ...as part of a negotiated plea in situations such as this where the criminal proceedings are closely connected (see, People v. Korona, 197 A.D.2d 788, 603 N.Y.S.2d 88). However, to be effective the waiver must have been knowingly and voluntarily made (see, People v. Callahan, 80 N.Y.2d 273, 5......
  • Request a trial to view additional results

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