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People v. Coss

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 2003
309 A.D.2d 945 (N.Y. App. Div. 2003)

Opinion

2001-08600, 2001-08847

Submitted September 24, 2003.

October 27, 2003.

Appeals by the defendant from two judgments of the County Court, Orange County (Rosenwasser, J.), both rendered September 26, 2001, convicting him of burglary in the third degree and grand larceny in the fourth degree under Indictment No. 01-00197, and aggravated unlicensed operation of a motor vehicle under Indictment No. 01-00268, upon his pleas of guilty, and imposing sentences.

Salvatore C. Adamo, New York, N.Y., for appellant.

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

Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgments are affirmed.

Contrary to the defendant's contention, the pleas and the waivers of the right to appeal were knowingly, voluntarily, and intelligently made ( see People v. Seaberg, 74 N.Y.2d 1; People v. Harris, 61 N.Y.2d 9). Indeed, the defendant's contention that he was coerced into accepting the plea agreements is belied by his responses to the County Court's inquiry at the plea proceeding ( see People v. Charles, 256 A.D.2d 472, 473).

As a result of executing a general waiver of his right to appeal, the defendant effectively waived his right to claim that the sentences imposed were excessive ( see People v. Allen, 82 N.Y.2d 761, 763). Furthermore, no basis exists to reach the claim in the exercise of this court's interest of justice jurisdiction.

The defendant's remaining contention has likewise been waived ( see People v. Porter, 268 A.D.2d 603).

FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.


Summaries of

People v. Coss

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 2003
309 A.D.2d 945 (N.Y. App. Div. 2003)
Case details for

People v. Coss

Case Details

Full title:THE PEOPLE, ETC., respondent, v. ANTHONY COSS, appellant

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

Date published: Oct 27, 2003

Citations

309 A.D.2d 945 (N.Y. App. Div. 2003)
766 N.Y.S.2d 380

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