PEOPLE v. HIDALGO


91 N.Y.2d 733 (1998)

698 N.E.2d 46

675 N.Y.S.2d 327

The People of the State of New York, Respondent, v. Sarita Hidalgo, Appellant.

Court of Appeals of the State of New York.

Decided June 4, 1998.


Attorney(s) appearing for the Case

Kevin J. Bauer, Buffalo, for appellant.

Frank J. Clark, District Attorney of Erie County, Buffalo (Raymond C. Herman and J. Michael Marion of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


WESLEY, J.

The issue on this appeal is whether a defendant who enters into a plea bargain without a specific sentence promise and waives the right to appeal, loses the right to challenge the sentence in an intermediate appellate court as harsh and excessive. We hold that defendant's unrestricted waiver of the right to appeal in this case encompassed her right to review of the sentence as harsh and excessive....

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