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People v. Paulin

Appellate Division of the Supreme Court of New York, Third Department
Oct 28, 1999
265 A.D.2d 737 (N.Y. App. Div. 1999)

Opinion

Decided October 28, 1999

Appeal from a judgment of the County Court of Schenectady County (Eidens, J.).


Defendant pleaded guilty to the crime of criminal possession of a controlled substance in the fourth degree and, pursuant to a negotiated plea agreement, waived his right to appeal and was sentenced as a second felony offender to an indeterminate sentence of 7 to 14 years in prison. Defendant now argues that this sentence was harsh and excessive. Inasmuch as defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty, this issue has not been preserved for our review (see, People v. Buchanan, 236 A.D.2d 741, lv denied 89 N.Y.2d 1032). Nevertheless, were we to reach this issue, we would find no evidence of extraordinary circumstances or abuse of discretion warranting a modification of the sentence imposed in the interest of justice given, inter alia, defendant's lengthy criminal history and the underlying circumstances (see, People v. Blair, 263 A.D.2d 614, 692 N.Y.S.2d 616; People v. Brown, 251 A.D.2d 694, lv denied 92 N.Y.2d 1029).

MERCURE, J.P., PETERS, SPAIN, GRAFFEO and MUGGLIN, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Paulin

Appellate Division of the Supreme Court of New York, Third Department
Oct 28, 1999
265 A.D.2d 737 (N.Y. App. Div. 1999)
Case details for

People v. Paulin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC PAULIN, Appellant

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

Date published: Oct 28, 1999

Citations

265 A.D.2d 737 (N.Y. App. Div. 1999)
696 N.Y.S.2d 912

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