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People v. Spagnola

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1997
245 A.D.2d 318 (N.Y. App. Div. 1997)

Opinion

December 1, 1997

Appeal from the County Court, Orange County (Berry, J.).


Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal his conviction and sentence as part of his negotiated plea of guilty ( see, People v. Callahan, 80 N.Y.2d 273). Thus, the defendant is precluded from claiming, inter alia, that the sentence imposed by the court was excessive ( see, People v. Callahan, supra; People v. Hayes, 229 A.D.2d 596; People v. Kazepis, 101 A.D.2d 816).

Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.


Summaries of

People v. Spagnola

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1997
245 A.D.2d 318 (N.Y. App. Div. 1997)
Case details for

People v. Spagnola

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY SPAGNOLA…

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

Date published: Dec 1, 1997

Citations

245 A.D.2d 318 (N.Y. App. Div. 1997)
667 N.Y.S.2d 264

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People v. Spagnola

The defendant's plea of guilty included a waiver of his right to appeal. Contrary to the defendant's…