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People v. Duff

Appellate Division of the Supreme Court of New York, Third Department
Jun 15, 1995
216 A.D.2d 689 (N.Y. App. Div. 1995)

Opinion

June 15, 1995

Appeal from the County Court of Broome County (Mathews, J.).


Pursuant to a negotiated plea agreement, plaintiff pleaded guilty to the crimes of sodomy in the first degree and assault in the second degree with the understanding that she would not be accorded youthful offender status in exchange for concurrent sentences of imprisonment of 2 to 6 years. Despite receiving the agreed-upon sentences, plaintiff appeals.

We affirm. By pleading guilty, defendant forfeited her right to seek reversal of her conviction on the ground that her statutory right to a speedy trial was violated ( see, People v. Allen, 203 A.D.2d 97, 98, lv denied 83 N.Y.2d 963; People ex rel. Deuel v Campbell, 188 A.D.2d 754; People v. Yakman, 175 A.D.2d 952).

Defendant's remaining contention is that County Court abused its discretion in denying her youthful offender treatment. We disagree given the brutal nature of the crimes defendant perpetrated upon the pregnant 17-year-old victim, the Probation Department's recommendation against youthful offender treatment and the absence of any indication of remorse from defendant for her acts ( see, People v. Thomas, 206 A.D.2d 708, 709; People v Buckley, 196 A.D.2d 915).

Cardona, P.J., Casey, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Duff

Appellate Division of the Supreme Court of New York, Third Department
Jun 15, 1995
216 A.D.2d 689 (N.Y. App. Div. 1995)
Case details for

People v. Duff

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FATIMA S. DUFF…

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

Date published: Jun 15, 1995

Citations

216 A.D.2d 689 (N.Y. App. Div. 1995)
628 N.Y.S.2d 430

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