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People v. Rosario

Appellate Division of the Supreme Court of New York, First Department
Feb 10, 2000
269 A.D.2d 187 (N.Y. App. Div. 2000)

Opinion

February 10, 2000

Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered December 18, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 6 years to life, unanimously affirmed.

Mathew Kleiner for the Respondent.

Laura Boyd for the Defendant-Appellant.

SULLIVAN, J.P., NARDELLI, TOM, LERNER, ANDRIAS, JJ.


Since the record demonstrates that defendant's waiver of his right to appeal was entered into knowingly, intelligently and voluntarily, the waiver bars any challenge to the sentence on the grounds of excessiveness, and precludes our interest of justice review (People v. Seaberg, 74 N.Y.2d 1, 9-10). In any event, we perceive no abuse of sentencing discretion.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Rosario

Appellate Division of the Supreme Court of New York, First Department
Feb 10, 2000
269 A.D.2d 187 (N.Y. App. Div. 2000)
Case details for

People v. Rosario

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO ROSARIO…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 10, 2000

Citations

269 A.D.2d 187 (N.Y. App. Div. 2000)
702 N.Y.S.2d 809

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