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State v. Stark

Appellate Division of the Supreme Court of New York, Third Department
Mar 13, 2008
49 A.D.3d 969 (N.Y. App. Div. 2008)

Opinion

No. 101433.

March 13, 2008.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered August 28, 2007, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the fourth degree.

David P. Marionucci, Albany, for appellant.

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

Before: Cardona, P.J., Peters, Spain, Kane and Kavanagh, JJ.


Waiving his right to appeal, defendant pleaded guilty to attempted criminal sale of a controlled substance in the fourth degree and was sentenced to 2½ years in prison with one year of postrelease supervision. Defendant now appeals.

Defendant's appeal waiver precludes his challenges to both the severity of his sentence ( see People v Graham, 35 AD3d 1039, 1040, lv denied 8 NY3d 922) as well as the denial of youthful offender treatment ( see People v Baldwin, 36 AD3d 1024, 1025). Accordingly, the judgment is affirmed.

Ordered that the judgment is affirmed.


Summaries of

State v. Stark

Appellate Division of the Supreme Court of New York, Third Department
Mar 13, 2008
49 A.D.3d 969 (N.Y. App. Div. 2008)
Case details for

State v. Stark

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEREMY STARK, Appellant

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

Date published: Mar 13, 2008

Citations

49 A.D.3d 969 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2052
852 N.Y.S.2d 810