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People v. Santana

Appellate Division of the Supreme Court of New York, Third Department
Oct 23, 2008
55 A.D.3d 1057 (N.Y. App. Div. 2008)

Opinion

No. 101216.

October 23, 2008.

Appeal from a judgment of the County Court of Essex County (Meyer, J.), rendered June 26, 2007, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the fifth degree.

Before: Cardona, P.J., Mercure, Spain, Lahtinen and Malone Jr., JJ.,


Waiving indictment and his right to appeal, defendant pleaded guilty to a superior court information charging him with attempted criminal possession of a controlled substance in the fifth degree. County Court thereafter sentenced defendant, in accordance with the plea agreement, to 1½ years in prison with participation in a shock incarceration program, to be followed by one year of postrelease supervision. Defendant appeals, and we now affirm. Defendant's sole argument that County Court erred in denying him youthful offender treatment is precluded by his valid appeal waiver ( People v Ibralic, 54 AD3d 1073; People v Baldwin, 36 AD3d 1024, 1025).

Ordered that the judgment is affirmed.


Summaries of

People v. Santana

Appellate Division of the Supreme Court of New York, Third Department
Oct 23, 2008
55 A.D.3d 1057 (N.Y. App. Div. 2008)
Case details for

People v. Santana

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL G. SANTANA, JR.…

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

Date published: Oct 23, 2008

Citations

55 A.D.3d 1057 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 8036
864 N.Y.S.2d 923

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