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People v. Spencer

Appellate Division of the Supreme Court of New York, Third Department
Dec 23, 2010
79 A.D.3d 1454 (N.Y. App. Div. 2010)

Opinion

No. 102511.

December 23, 2010.

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered November 17, 2008 in Albany County, convicting defendant upon her plea of guilty of the crime of attempted assault in the first degree.

Peter M. Torncello, Public Defender, Albany (Theresa M. Suozzi of counsel), for appellant.

P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), for respondent.

Before: Mercure, J.P., Spain, Lahtinen, Stein and Garry, JJ.


In satisfaction of a four-count indictment, defendant pleaded guilty to attempted assault in the first degree and waived her right to appeal. In accordance with the terms of the plea agreement, she was sentenced to six years in prison to be followed by five years of postrelease supervision, which sentence was to run consecutive to another sentence she was then serving. Defendant appeals.

Defendant's sole contention is that the sentence is harsh and excessive. However, in view of defendant's valid waiver of her right to appeal, we are precluded from addressing this claim ( see People v Jennings, 75 AD3d 999; People v Board, 75 AD3d 833, 834). Accordingly, we find no reason to disturb the judgment of conviction.

Ordered that the judgment is affirmed.


Summaries of

People v. Spencer

Appellate Division of the Supreme Court of New York, Third Department
Dec 23, 2010
79 A.D.3d 1454 (N.Y. App. Div. 2010)
Case details for

People v. Spencer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VENICE SPENCER…

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

Date published: Dec 23, 2010

Citations

79 A.D.3d 1454 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 9412
912 N.Y.S.2d 454

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