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People v. Stanton

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 7, 2006
31 A.D.3d 1219 (N.Y. App. Div. 2006)

Opinion

KA 04-03054.

July 7, 2006.

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, J.), rendered December 9, 2004. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree.

Present-Scudder, J.P., Kehoe, Smith, Pine and Hayes, JJ.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31). The valid waiver by defendant of the right to appeal encompasses his contention concerning the severity of the sentence (see People v Lococo, 92 NY2d 825, 827). Although the further contention of defendant that he was denied his constitutional right to a speedy trial survives both the waiver of the right to appeal and the guilty plea (see People v Campbell, 97 NY2d 532, 535; People v Taylor, 65 NY2d 1, 5), that contention is lacking in merit (see generally People v Taranovich, 37 NY2d 442, 444-445).


Summaries of

People v. Stanton

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 7, 2006
31 A.D.3d 1219 (N.Y. App. Div. 2006)
Case details for

People v. Stanton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL E. STANTON…

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

Date published: Jul 7, 2006

Citations

31 A.D.3d 1219 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 5539
817 N.Y.S.2d 558

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