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People v. Demers

Appellate Division of the Supreme Court of New York, Third Department
May 15, 1997
239 A.D.2d 711 (N.Y. App. Div. 1997)

Opinion

May 15, 1997

Appeal from the County Court of Rensselaer County (Sheridan, J.).


In satisfaction of a two-count indictment, defendant pleaded guilty to the crime of arson in the third degree and was sentenced as a second felony offender to a prison term of 3 to 6 years. Inasmuch as defendant waived his right to appeal and has failed to move to withdraw his guilty plea or to vacate the judgment of conviction, he may not now challenge the sufficiency of his plea ( see, People v. Sloan, 228 A.D.2d 976, lv denied 88 N.Y.2d 994). Were we to consider his contentions, we would nevertheless find that defendant was provided with meaningful representation and that he entered into the plea agreement knowingly, voluntarily and intelligently ( see, People v. Villafane, 216 A.D.2d 605, lv denied 88 N.Y.2d 996). In addition, given defendant's criminal history and the fact that he was sentenced in accordance with the plea agreement, we find that the sentence imposed was neither harsh nor excessive ( see, People v. Hulse, 198 A.D.2d 614). Defendant's remaining contentions have been examined and found to be without merit.

Cardona, P.J., Crew III, Yesawich Jr. and Carpinello, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Demers

Appellate Division of the Supreme Court of New York, Third Department
May 15, 1997
239 A.D.2d 711 (N.Y. App. Div. 1997)
Case details for

People v. Demers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROSS DEMERS, Appellant

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

Date published: May 15, 1997

Citations

239 A.D.2d 711 (N.Y. App. Div. 1997)
657 N.Y.S.2d 255

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