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People v. Fields

Appellate Division of the Supreme Court of New York, Third Department
Jun 28, 2007
41 A.D.3d 1089 (N.Y. App. Div. 2007)

Opinion

No. 100069.

June 28, 2007.

Lahtinen, J. Appeal from a judgment of the Supreme Court (Teresi, J.), rendered February 9, 2006 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

Sandra M. Colatosti, Albany, for appellant.

P. David Soares, District Attorney, Albany (Brett M. Knowles of counsel), for respondent.

Before: Mercure, J.P., Carpinello, Rose and Kane, JJ.


In satisfaction of a 10-count indictment, defendant pleaded guilty to criminal possession of a weapon in the second degree and waived his right to appeal. Supreme Court thereafter sentenced defendant within the parameters of the plea agreement to 14 years in prison followed by five years of postrelease supervision. This appeal by defendant ensued and we now affirm.

Having reviewed the plea minutes, we are satisfied that defendant's appeal waiver was entered voluntarily, knowingly and intelligently ( see People v Lopez, 6 NY3d 248, 256-257). Accordingly, defendant is foreclosed from arguing that his lawful, negotiated sentence was harsh and excessive ( see People v Collier, 35 AD3d 1037, 1037). In any event, we find nothing in this record to warrant a reduction of defendant's sentence in the interest of justice ( see People v Travis, 12 AD3d 784 [20041; People v Leroy, 308 AD2d 639).

Ordered that the judgment is affirmed.


Summaries of

People v. Fields

Appellate Division of the Supreme Court of New York, Third Department
Jun 28, 2007
41 A.D.3d 1089 (N.Y. App. Div. 2007)
Case details for

People v. Fields

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINIQUE FIELDS…

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

Date published: Jun 28, 2007

Citations

41 A.D.3d 1089 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 5591
837 N.Y.S.2d 595

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