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People v. McMillanPeople v. McMillan

Appellate Division of the Supreme Court of the State of New York
Jun 4, 1996
Versions:228 A.D.2d 166
643 N.Y.S.2d 984
643 N.Y.2d 984
1996 N.Y. App. Div. LEXIS 6287

Since defendant failed to appeal timely from the underlying judgment of conviction (including the sentence thereon), any present challenge to the plea proceeding or the original sentencing proceeding is jurisdictionally foreclosed (CPL 450.30 *167[3]; People v Lugo, 176 AD2d 177). We have reviewed defendant’s claims that the court improperly evaluated the credibility of the witnesses at the violation of probation hearing, and that the resentence is excessive, and find them to be without merit. Concur—Rosenberger, J. P., Wallach, Kupferman, Williams and Mazzarelli, JJ.

Case Details

Case Name: People v. McMillan
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jun 4, 1996
Citations: 228 A.D.2d 166; 643 N.Y.S.2d 984; 643 N.Y.2d 984; 1996 N.Y. App. Div. LEXIS 6287
Court Abbreviation: N.Y. App. Div.
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