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State v. Morgan

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 2007
44 A.D.3d 797 (N.Y. App. Div. 2007)

Opinion

No. 2006-01339.

October 9, 2007.

Appeal by the defendant

from a judgment of the County Court, Orange County (Berry, J.), rendered January 17, 2006, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

John F. McGlynn, Rockville Centre, N.Y., for appellant, and Appellant Pro se.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for Respondent.

Before: Rivera, J.P., Covello, Balkin and McCarthy, JJ., concur.


Ordered that the judgment is affirmed.

The defendant voluntarily, knowingly, and intelligently waived his right to appeal ( see People v Ramos, 7 NY3d 737, 738; People v Lopez, 6 NY3d 248, 256; People v Seaberg, 74 NY2d 1, 10). The defendant's valid waiver of his right to appeal forecloses appellate review of his challenges to the County Court's suppression determinations ( see People v Kemp, 94 NY2d 831, 833; People v Higgs, 37 AD3d 736, lv denied 9 NY3d 845), as well as his claim that the sentence imposed is excessive ( see People v Lopez, 6 NY3d at 256; People v Hidalgo, 91 NY2d 733, 737).


Summaries of

State v. Morgan

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 2007
44 A.D.3d 797 (N.Y. App. Div. 2007)
Case details for

State v. Morgan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER MORGAN…

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

Date published: Oct 9, 2007

Citations

44 A.D.3d 797 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 7726
842 N.Y.S.2d 737

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