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People v. Conley

Appellate Division of the Supreme Court of New York, Third Department
Jun 16, 2005
19 A.D.3d 809 (N.Y. App. Div. 2005)

Opinion

15062.

June 16, 2005.

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered September 25, 2003, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Marshall Nadan, Kingston, for appellant.

P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.

Before: Cardona, P.J., Mercure, Carpinello, Lahtinen and Kane, JJ., concur.


Defendant was charged in an indictment with two counts of criminal sale of a controlled substance in the third degree. He pleaded guilty to one count of criminal sale of a controlled substance in the third degree in full satisfaction of the indictment and waived his right to appeal. Under the terms of the plea agreement, defendant was to receive a prison sentence of 6½ to 13 years to run concurrently with any other sentence he was then serving. Thereafter, he was sentenced as a predicate felon in accordance with the plea agreement.

Defendant's primary contention on appeal is that the sentence is harsh and excessive. However, inasmuch as the record discloses that defendant entered a knowing, voluntary and intelligent guilty plea and waiver of the right to appeal, we decline to address his claim ( see People v. Clow, 10 AD3d 803, 804). Accordingly, the judgment must be affirmed.

Ordered that the judgment is affirmed.


Summaries of

People v. Conley

Appellate Division of the Supreme Court of New York, Third Department
Jun 16, 2005
19 A.D.3d 809 (N.Y. App. Div. 2005)
Case details for

People v. Conley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RENO A. CONLEY, Also…

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

Date published: Jun 16, 2005

Citations

19 A.D.3d 809 (N.Y. App. Div. 2005)
796 N.Y.S.2d 563

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