PEOPLE v. CAMPBELL


97 N.Y.2d 532 (2002)

769 N.E.2d 1288

743 N.Y.S.2d 396

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH CAMPBELL, Also Known as LEROY MILLER, Appellant.

Court of Appeals of the State of New York.

Decided April 30, 2002.


Attorney(s) appearing for the Case

Lynn W.L. Fahey, New York City, for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Donna Aldea, John M. Castellano and Johnnette Traill of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur with Judge GRAFFEO; Judge ROSENBLATT concurs in a separate concurring opinion.


OPINION OF THE COURT

GRAFFEO, J.

In this appeal we consider whether a general waiver of the right to appeal secured in conjunction with the entry of a negotiated plea of guilty encompasses a claim of unreasonable delay in imposing sentence under CPL 380.30 (1). We hold that a claim of unreasonable delay in sentencing does not fall within the ambit of the waiver as it challenges the legality of the sentence.

On March 1, 1995 defendant entered a guilty...

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