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People v. Hull

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 2002
300 A.D.2d 411 (N.Y. App. Div. 2002)

Opinion

2000-09312

Submitted November 13, 2002.

December 9, 2002.

Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered September 25, 2000, convicting him of criminal mischief in the second degree and criminal mischief in the third degree, upon his plea of guilty, and imposing sentence.

Philip H. Schnabel, Chester, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, HOWARD MILLER, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The record does not demonstrate that the defendant sought to withdraw his plea of guilty before he was sentenced so as to preserve his claim that his plea was not intelligently, voluntarily, and knowingly made (see People v. Lopez, 71 N.Y.2d 662; People v. Nieves, 289 A.D.2d 342). Further, the defendant's valid and unrestricted waiver of his right to appeal forecloses appellate review of his claim that the sentence imposed was excessive (see People v. Headley, 289 A.D.2d 341; People v. Hidalgo, 91 N.Y.2d 733).

SANTUCCI, J.P., SMITH, GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.


Summaries of

People v. Hull

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 2002
300 A.D.2d 411 (N.Y. App. Div. 2002)
Case details for

People v. Hull

Case Details

Full title:THE PEOPLE, ETC., respondent, v. SHAWN HULL, appellant

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

Date published: Dec 9, 2002

Citations

300 A.D.2d 411 (N.Y. App. Div. 2002)
751 N.Y.S.2d 747

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