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People v. Montes

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2003
302 A.D.2d 610 (N.Y. App. Div. 2003)

Opinion

1999-11152

Argued January 24, 2003.

February 24, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Perone, J.), rendered November 18, 1999, convicting him of attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Raymond E. Kerno, Mineola, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Wendy Parra and Richard Longworth Hecht of counsel), for respondent.

Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently entered into the plea agreement and the concomitant waiver of the right to appeal. Consequently, the defendant waived all non-jurisdictional defects in the proceedings (cf. People v. Bray, 154 A.D.2d 692, 696).

FEUERSTEIN, J.P., KRAUSMAN, McGINITY and MASTRO, JJ., concur.


Summaries of

People v. Montes

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 2003
302 A.D.2d 610 (N.Y. App. Div. 2003)
Case details for

People v. Montes

Case Details

Full title:THE PEOPLE, ETC., respondent, v. AVERY J. MONTES, appellant

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

Date published: Feb 24, 2003

Citations

302 A.D.2d 610 (N.Y. App. Div. 2003)
755 N.Y.S.2d 626

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