PEOPLE v. POLLENZ


67 N.Y.2d 264 (1986)

The People of the State of New York, Respondent, v. Theodore Pollenz, Appellant. The People of the State of New York, Respondent, v. Edward W. Mugavero, Appellant.

Court of Appeals of the State of New York.

Decided May 6, 1986.


Attorney(s) appearing for the Case

Paula Schwartz Frome and John Laurence Kase for appellant in the first above-entitled action.

Denis Dillon, District Attorney (Denise Parillo and Anthony J. Girese of counsel), for respondent in the first above-entitled action.

Jonathan E. Gradess, Charles F. O'Brien, Martin I. Rosenbaum and Edward H. Wassermann for New York State Defenders Association, amicus curiae in the first above-entitled action.

Mitchell Gittin for appellant in the second above-entitled action.

Patrick Henry, District Attorney (Patricia A. Murphy of counsel), for respondent in the second above-entitled action.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur in Per Curiam opinion; Judge TITONE taking no part.


Per Curiam.

CPL 450.10, as amended by the Laws of 1984 (ch 671), purports to disallow an appeal as of right to the Appellate Division where the sole issue raised is the excessiveness of a negotiated sentence imposed by a judgment rendered upon a guilty plea.1 We conclude that, in doing so, it imposes a limitation or condition on the jurisdiction of the...

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