People v. Harris

Harris, 2026 NY Slip Op 01530 (Supreme Court of the State of New York Appellate Division Second Judicial Department 2026) · Supreme Court of the State of New York, Appellate Division, Second Judicial Department · March 18, 2026 · No. 2023-08324

Summary

The Appellate Division, Second Department, affirmed the defendant's judgment of conviction for attempted criminal possession of a weapon in the second degree following his guilty plea. The court held that his challenges to the plea were unpreserved and meritless, concluded that the sentence was legal, and found that his remaining sentencing claims were waived by his valid appeal waiver.

Holdings

  1. The defendant's contentions regarding his guilty plea were unpreserved for appellate review and, in any event, were without merit.
  2. The sentence imposed was legal.
  3. The defendant's remaining contentions regarding the sentence were waived by his valid waiver of the right to appeal.

Questions Presented

  1. Whether the defendant's challenges to his guilty plea were preserved for appellate review or otherwise meritorious.
  2. Whether the sentence imposed was legally permissible.
  3. Whether the defendant's remaining sentencing claims were barred by his valid waiver of the right to appeal.

Disposition

affirmed

Cases Cited (3)

  • People v. Sharlow, 116 AD2d 603, 604(followed)
  • People v. Jackson, 153 AD3d 726(followed)
  • People v. Dancy, 177 AD3d 995(followed)

Cited In (0)

No citing cases on record yet.

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