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People v. Vaughn

Appellate Division of the Supreme Court of New York, Second Department
Aug 6, 2001
286 A.D.2d 354 (N.Y. App. Div. 2001)

Opinion

Submitted September 29, 2000.

August 6, 2001.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Nassau County (Calabrese, J.), imposed October 8, 1999, on the ground that the sentence is excessive.

Ernest J. Peace, Mineola, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Douglas Noll of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, P.J., MYRIAM J. ALTMAN, LEO F. McGINITY, HOWARD MILLER, JJ.


ORDERED that the sentence is affirmed. No opinion.

The defendant knowingly, intelligently, and voluntarily waived, without limitation, the right to appeal his conviction and sentence (see, People v. Moissett, 76 N.Y.2d 909; People v. Seaberg, 74 N.Y.2d 1). Since the defendant was informed of the maximum sentence which would be imposed pursuant to the plea agreement, his general waiver of his right to appeal encompasses his claim that the agreed-upon sentence, which was, in fact, imposed, was excessive (see, People v. Lococo, 92 N.Y.2d 825).

BRACKEN, P.J., ALTMAN, McGINITY and H. MILLER, JJ., concur.


Summaries of

People v. Vaughn

Appellate Division of the Supreme Court of New York, Second Department
Aug 6, 2001
286 A.D.2d 354 (N.Y. App. Div. 2001)
Case details for

People v. Vaughn

Case Details

Full title:THE PEOPLE, ETC., respondent, v. LARCELL VAUGHN, appellant

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

Date published: Aug 6, 2001

Citations

286 A.D.2d 354 (N.Y. App. Div. 2001)
728 N.Y.S.2d 689

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