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People v. Hine

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 1991
177 A.D.2d 711 (N.Y. App. Div. 1991)

Opinion

November 25, 1991

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgment is affirmed.

The defendant's claim regarding the voluntariness of his guilty plea has not been preserved for appellate review (see, People v Mackey, 77 N.Y.2d 846; People v. Pellegrino, 60 N.Y.2d 636; People v. Scotti, 142 A.D.2d 616). In any event, the record shows that the defendant pleaded guilty knowingly and voluntarily (see, People v. Harris, 61 N.Y.2d 9; People v. Glenn, 127 A.D.2d 787; People v Scotti, supra). Moreover, the defendant's own statements made it clear that he had no reasonable possibility of successfully raising a defense of agency (see, People v. Fairclough, 116 A.D.2d 586; see also, People v. Ramirez, 159 A.D.2d 375; People v Navarro, 134 A.D.2d 460).

Since the sentence imposed was in accordance with a negotiated plea agreed to by the defendant, he has no basis now to complain that his sentence is excessive (see, People v. Kazepis, 101 A.D.2d 816). Kunzeman, J.P., Sullivan, Balletta and Copertino, JJ., concur.


Summaries of

People v. Hine

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 1991
177 A.D.2d 711 (N.Y. App. Div. 1991)
Case details for

People v. Hine

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL HINE, Appellant

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

Date published: Nov 25, 1991

Citations

177 A.D.2d 711 (N.Y. App. Div. 1991)