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People v. Crespo

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 2004
6 A.D.3d 303 (N.Y. App. Div. 2004)

Opinion

3449.

Decided April 22, 2004.

Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered February 26, 2002, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 6 years to life, unanimously affirmed.

Laura R. Johnson, The Legal Aid Society, New York (Eve Kessler of counsel), for appellant.

Reinaldo Crespo, appellant pro se.

Robert T. Johnson, District Attorney, Bronx (Peter A. Sell of counsel), for respondent.

Before: Tom, J.P., Saxe, Ellerin, Lerner, JJ.


Defendant knowingly and intelligently waived his right to appeal, and this waiver encompassed his excessive sentence claim ( People v. Hidalgo, 91 N.Y.2d 733). Therefore, defendant "elect[ed] to foreclose review of [his] negotiated sentence" ( People v. Seaberg, 74 N.Y.2d 1, 10). In any event, were we to find that defendant did not validly waive his right to appeal, we would perceive no basis for reducing the sentence, and we would reject the related arguments contained in defendant's pro se supplemental brief.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Crespo

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 2004
6 A.D.3d 303 (N.Y. App. Div. 2004)
Case details for

People v. Crespo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REINALDO CRESPO, T/N…

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

Date published: Apr 22, 2004

Citations

6 A.D.3d 303 (N.Y. App. Div. 2004)
775 N.Y.S.2d 138