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People v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 2006
33 A.D.3d 1131 (N.Y. App. Div. 2006)

Opinion

No. 16715.

October 26, 2006.

Appeal from a judgment of the County Court of Schenectady County (Giardino, J.). rendered March 29, 2006, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.

Before Crew III, J.P., Carpinello, Mugglin, Lahtinen and Kane, JJ. concur.


Defendant's sole contention on appeal is that his sentence is harsh and excessive. We decline, however, to address this issue inasmuch as the record discloses that defendant entered a knowing, voluntary and intelligent guilty plea and valid waiver of his right to appeal ( see People v Lopez, 6 NY3d 248, 255-256).

Ordered that the judgment is affirmed.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 2006
33 A.D.3d 1131 (N.Y. App. Div. 2006)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MONTINAY SMITH…

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

Date published: Oct 26, 2006

Citations

33 A.D.3d 1131 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 7643
822 N.Y.S.2d 470