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People v. Sullivan

Appellate Division of the Supreme Court of New York, Third Department
Jan 18, 1996
223 A.D.2d 893 (N.Y. App. Div. 1996)

Opinion

January 18, 1996

Appeal from the County Court of Warren County (Moynihan, Jr., J.).


As the result of an undercover police investigation which implicated defendant in the sale of cocaine, defendant pleaded guilty to the crime of criminal sale of a controlled substance in the third degree. As part of the plea agreement, defendant waived his right to appeal and was sentenced to a prison term of 3 to 9 years. He challenges this sentence as harsh and excessive. Initially, we find that defendant's guilty plea was knowingly, intelligently and voluntarily made and that, therefore, he has waived his right to challenge the sentence imposed. Nevertheless, were we to consider the merits of defendant's claim, we would find that the sentence imposed is neither harsh nor excessive given defendant's significant involvement in drug-related activities and that he agreed to the sentence as part of the plea bargain.

Cardona, P.J., Mercure, Casey, Yesawich Jr. and Spain, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Sullivan

Appellate Division of the Supreme Court of New York, Third Department
Jan 18, 1996
223 A.D.2d 893 (N.Y. App. Div. 1996)
Case details for

People v. Sullivan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK SULLIVAN…

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

Date published: Jan 18, 1996

Citations

223 A.D.2d 893 (N.Y. App. Div. 1996)
636 N.Y.S.2d 221

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