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State v. Eckhoff

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2007
44 A.D.3d 682 (N.Y. App. Div. 2007)

Opinion

Nos. 2006-04476, 2006-04478.

October 2, 2007.

Appeals by the defendant from two judgments of the Supreme Court, Suffolk County (Mullen, J.), both rendered February 24, 2006, convicting him of burglary in the third degree under indictment No. 2005-05, and burglary in the third degree, resisting arrest, and operating a vehicle while under the influence of drugs under indictment No. 2594-05, upon his pleas of guilty, and imposing sentences.

Michael S. Bromberg, Sag Harbor, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.

Before: Miller, J.E, Skelos, Covello and McCarthy, JJ., concur.


Ordered that the judgments are affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal as part of the plea agreements ( see generally People v Lopez, 6 NY3d 248; People v Lococo, 92 NY2d 825; People v Hidalgo, 91 NY2d 733; People v Backus, 43 AD3d 409). The defendant's valid waiver encompasses any challenge to the sentences as being excessive ( see People v Lopez, 6 NY3d 248; People v Vasquez, 40 AD3d 1019).


Summaries of

State v. Eckhoff

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2007
44 A.D.3d 682 (N.Y. App. Div. 2007)
Case details for

State v. Eckhoff

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH ECKHOFF…

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

Date published: Oct 2, 2007

Citations

44 A.D.3d 682 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 7456
841 N.Y.S.2d 895