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People v. Backus

Appellate Division of the Supreme Court of New York, Second Department
Aug 7, 2007
43 A.D.3d 409 (N.Y. App. Div. 2007)

Opinion

No. 2006-10416.

August 7, 2007.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered November 1, 2006, convicting him of grand larceny in the fourth degree, upon his plea of guilty, and imposing sentence.

Mark Diamond, New York, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.

Before: Spolzino, J.P., Krausman, Angiolillo and McCarthy, JJ., concur.


Ordered that the judgment is affirmed.

The defendant voluntarily, knowingly, and intelligently waived his right to appeal as part of the plea agreement ( see People v Lopez, 6 NY3d 248; People v Callahan, 80 NY2d 273; People v Moissett, 76 NY2d 909). The defendant's valid waiver encompasses the challenge to the legality of the procedure utilized in sentencing him as a second felony offender ( see People v Callahan, supra). The defendant's valid waiver also encompasses any challenge to the sentence as being excessive ( see People v Lopez, supra).


Summaries of

People v. Backus

Appellate Division of the Supreme Court of New York, Second Department
Aug 7, 2007
43 A.D.3d 409 (N.Y. App. Div. 2007)
Case details for

People v. Backus

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN BACKUS, Appellant

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

Date published: Aug 7, 2007

Citations

43 A.D.3d 409 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 6364
839 N.Y.S.2d 920

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