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People v. Smith

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 26, 2020
186 A.D.3d 872 (N.Y. App. Div. 2020)

Opinion

2019–02120 2020–06121 Ind. No. 18-00231, S.C.I. No. 18-00511

08-26-2020

The PEOPLE, etc., Respondent, v. Joe SMITH, Appellant.

John R. Lewis, Sleepy Hollow, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (William C. Ghee of counsel), for respondent.


John R. Lewis, Sleepy Hollow, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, N.Y. (William C. Ghee of counsel), for respondent.

MARK C. DILLON, J.P., HECTOR D. LASALLE, ANGELA G. IANNACCI, LINDA CHRISTOPHER, JJ.

DECISION & ORDER Appeals by the defendant from two judgments of the County Court, Orange County (William L. DeProspo, J.), both rendered January 7, 2019, convicting him of criminal sale of a controlled substance in the third degree under Indictment No. 18–00231 and criminal possession of a controlled substance in the third degree under Superior Court Information No. 18–00511, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentences imposed were excessive (see People v. Thomas, 34 N.Y.3d 545, 564, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Stanley, 99 A.D.3d 955, 951 N.Y.S.2d 909 ).

DILLON, J.P., LASALLE, IANNACCI and CHRISTOPHER, JJ., concur.


Summaries of

People v. Smith

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 26, 2020
186 A.D.3d 872 (N.Y. App. Div. 2020)
Case details for

People v. Smith

Case Details

Full title:The People of the State of New York, respondent, v. Joe Smith, appellant.

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Aug 26, 2020

Citations

186 A.D.3d 872 (N.Y. App. Div. 2020)
2020 N.Y. Slip Op. 4786
127 N.Y.S.3d 806

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