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People v. Jones

Appellate Term of the Supreme Court of New York, Second Department
Jan 26, 2005
2005 N.Y. Slip Op. 50063 (N.Y. App. Term 2005)

Opinion

2003-1249 W CR.

Decided January 26, 2005.

Appeal by defendant from judgments of the City Court of Mount Vernon, Westchester County (B. Dowery-Rodriguez, J.), rendered on August 8, 2003, convicting her, upon her pleas of guilty, of three charges of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03) and imposing sentence.

Judgments of conviction unanimously affirmed.

PRESENT: RUDOLPH, J.P., ANGIOLILLO and COVELLO, JJ.


Defendant knowingly, intelligently and voluntarily waived the right to appellate review of the sentences negotiated as part of her plea bargain, thereby precluding review thereof ( see People v. Stamatelos, 8 AD3d 591; People v. Aveni, 7 AD3d 632). Accordingly, the judgments of conviction are affirmed ( see People v. Seaberg, 74 NY2d 1; see also People v. Hidalgo, 91 NY2d 733; People v. Allen, 82 NY2d 761). In any event, the sentences imposed, amounting to two years' incarceration upon three charges of criminal possession of a controlled substance, are not excessive given the extent of defendant's record and lack of compliance with the court's directives.


Summaries of

People v. Jones

Appellate Term of the Supreme Court of New York, Second Department
Jan 26, 2005
2005 N.Y. Slip Op. 50063 (N.Y. App. Term 2005)
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NYISHA JONES, Appellant

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

Date published: Jan 26, 2005

Citations

2005 N.Y. Slip Op. 50063 (N.Y. App. Term 2005)