From Casetext: Smarter Legal Research

People v. Boykin

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 2003
1 A.D.3d 524 (N.Y. App. Div. 2003)

Opinion

2002-10499

Submitted October 16, 2003.

November 17, 2003.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered November 13, 2002, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Del Atwell, Montauk, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), for respondent.

Before: NANCY E. SMITH, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes review of his contentions that he should have been sentenced as a youthful offender ( see People v. Nye, 299 A.D.2d 371; People v. Hubbard, 288 A.D.2d 490), and that the sentence imposed was excessive ( see People v. Hidalgo, 91 N.Y.2d 733; People v. Barnes, 306 A.D.2d 537).

SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.


Summaries of

People v. Boykin

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 2003
1 A.D.3d 524 (N.Y. App. Div. 2003)
Case details for

People v. Boykin

Case Details

Full title:THE PEOPLE, ETC., respondent, v. MARCO BOYKIN, appellant

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

Date published: Nov 17, 2003

Citations

1 A.D.3d 524 (N.Y. App. Div. 2003)
767 N.Y.S.2d 231

Citing Cases

People v. Valentin

Ordered that the judgment is affirmed. The defendant's valid waiver of his right to appeal precludes review…

People v. John B

Ordered that the judgments are affirmed. The defendant effectively waived appellate review of the issues he…