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People v. Schwendinger

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 1997
240 A.D.2d 822 (N.Y. App. Div. 1997)

Opinion

June 12, 1997

Appeal from the County Court of Albany County (Rosen, J.).


Defendant was sentenced to time served and five years' probation after entering a plea of guilty of the crime of criminal mischief in the third degree. As part of the plea agreement, defendant waived his right to appeal; therefore, his contention that his sentence was harsh and excessive has not been preserved for our review (see, People v. Wilson, 209 A.D.2d 792, lv denied 84 N.Y.2d 1040). In any event, were we to consider this argument, we would find no reason to disturb the agreed-upon sentence (see, id.).

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

Ordered that the judgment is affirmed.


Summaries of

People v. Schwendinger

Appellate Division of the Supreme Court of New York, Third Department
Jun 12, 1997
240 A.D.2d 822 (N.Y. App. Div. 1997)
Case details for

People v. Schwendinger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN SCHWENDINGER…

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

Date published: Jun 12, 1997

Citations

240 A.D.2d 822 (N.Y. App. Div. 1997)
659 N.Y.S.2d 819

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