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People v. Duhaney

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 2002
295 A.D.2d 362 (N.Y. App. Div. 2002)

Opinion

00-03730

Submitted May 1, 2002

June 3, 2002

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrero, J.), rendered March 24, 2000, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y., for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel), for respondent.

A. GAIL PRUDENTI, P.J., SONDRA MILLER, CORNELIUS J. O'BRIEN, LEO F. McGINITY, STEPHEN G. CRANE, JJ.


ORDERED that the judgment is affirmed.

Under the facts of this case, the Supreme Court properly declined to recognize an alleged cooperation agreement, denied the defendant's motion to withdraw his plea without a hearing, and sentenced him in accordance with the plea agreement placed on the record (see People v. Huertas, 85 N.Y.2d 898; Matter of Benjamin S., 55 N.Y.2d 116, 121; People v. Arellano, 281 A.D.2d 553).

The defendant's remaining contentions in his supplemental pro se brief and its addendum are either without merit or concern matters which are dehors the record (see CPL 440.10; People v. Herring, 274 A.D.2d 525, 526).

PRUDENTI, P.J., S. MILLER, O'BRIEN, McGINITY and CRANE, JJ., concur.


Summaries of

People v. Duhaney

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 2002
295 A.D.2d 362 (N.Y. App. Div. 2002)
Case details for

People v. Duhaney

Case Details

Full title:THE PEOPLE, ETC., respondent, v. MAURICE DUHANEY, appellant

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

Date published: Jun 3, 2002

Citations

295 A.D.2d 362 (N.Y. App. Div. 2002)
742 N.Y.S.2d 917