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People v. Jimenez

Appellate Division of the Supreme Court of New York, Third Department
Dec 9, 1999
267 A.D.2d 615 (N.Y. App. Div. 1999)

Opinion

Decided December 9, 1999

Appeal from a judgment of the County Court of Montgomery County (Sise, J.), rendered November 4, 1998, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree.

Barbara Coppola Davis, Albany, for appellant.

James E. Conboy, District Attorney (Pamela A. Sandy of counsel), Fonda, for respondent.

Before CARDONA, P.J., MERCURE, PETERS, SPAIN and CARPINELLO, JJ.


MEMORANDUM AND ORDER

Defendant pleaded guilty to a reduced charge of criminal possession of a controlled substance in the second degree and, pursuant to a negotiated plea agreement, waived his right to appeal. As part of the plea bargain, County Court made a commitment to sentence defendant as a second felony offender to a prison term of no longer than 10 years to life. At sentencing, County Court deemed it appropriate after reading the presentence memoranda to impose a sentence of 8 years to life in prison. Defendant now appeals, arguing that this sentence was harsh and excessive. Inasmuch as defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty, this issue has not been preserved for our review (see, People v. Paulin, 265 A.D.2d 737, 696 N.Y.S.2d 912; People v. Buchanan, 236 A.D.2d 741, lv denied 89 N.Y.2d 1032). Moreover, were we to reach this issue, we would find no evidence of extraordinary circumstances warranting a modification of the less than maximum sentence imposed in the interest of justice (see, People v. Charles, 258 A.D.2d 740, 740-741,lv denied 93 N.Y.2d 968). Notably, all of the mitigating or extenuating circumstances to which defendant makes reference on appeal were before County Court and taken into consideration at the time of defendant's sentencing (see, People v. Johnstone, 184 A.D.2d 929, lv denied 80 N.Y.2d 905).

CARDONA, P.J., MERCURE, PETERS, SPAIN and CARPINELLO, JJ., concur.

ORDERED that the judgment is affirmed.


Summaries of

People v. Jimenez

Appellate Division of the Supreme Court of New York, Third Department
Dec 9, 1999
267 A.D.2d 615 (N.Y. App. Div. 1999)
Case details for

People v. Jimenez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO JIMENEZ…

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

Date published: Dec 9, 1999

Citations

267 A.D.2d 615 (N.Y. App. Div. 1999)
700 N.Y.S.2d 406

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