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People v. Frazier
792 N.Y.S.2d 882
| N.Y. App. Div. | 2005
|
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Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered September 11, 2003, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

In satisfaction of a seven-count indictment charging him with various drug-related crimes, defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree. As part of the plea agreement, defendant waived his right to appeal and was to be sentenced to a prison term of no more than 51/2 to 11 years and no less than 5 to 10 years. After entering the plea, defendant was sentenced as a second felony offender to 5 to 10 years in prison. He now appeals.

Defendant’s sole contention is that the sentence is harsh and excessive. However, considering that defendant entered a knowing, voluntary and intelligent guilty plea, which included a waiver of the right to appeal, we will not review this claim (see People v Clow, 10 AD3d 803, 804 [2004]; see also People v Hidalgo, 91 NY2d 733, 737 [1998]). Furthermore, we find no circumstances warranting the exercise of our interest of justice jurisdiction.

Crew III, J.P., Carpinello, Mugglin, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.

Case Details

Case Name: People v. Frazier
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Apr 21, 2005
Citation: 792 N.Y.S.2d 882
Court Abbreviation: N.Y. App. Div.
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