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People v. Hardy

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 2008
57 A.D.3d 920 (N.Y. App. Div. 2008)

Opinion

No. 2007-08981.

December 23, 2008.

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered September 12, 2007, convicting him of criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

James D. Licata, New City, N.Y. (Lois Cappelletti of counsel; Menachen Herssein on the brief), for Appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel; Coleen A. Fortes on the brief), for Respondent.

Before: Fisher, J.P., Covello, Balkin and Belen, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's valid and unrestricted waiver of his right to appeal, executed as part of his plea agreement, precludes review of his claim that the sentence imposed was excessive ( see People v Lopez, 6 NY3d 248, 255; People v Finn, 56 AD3d 490).


Summaries of

People v. Hardy

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 2008
57 A.D.3d 920 (N.Y. App. Div. 2008)
Case details for

People v. Hardy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK HARDY…

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

Date published: Dec 23, 2008

Citations

57 A.D.3d 920 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 10183
869 N.Y.S.2d 351