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People v. Tiffany Fleeman

Appellate Division of the Supreme Court of New York, Third Department
Mar 10, 2011
82 A.D.3d 1361 (N.Y. App. Div. 2011)

Opinion

No. 103071.

March 10, 2011.

Appeal from a judgment of the County Court of Warren County (Hall, Jr., J.), rendered March 11, 2009, convicting defendant upon her plea of guilty of the crime of burglary in the third degree.

Robert A. Regan, Glens Falls, for appellant.

Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), for respondent.

Before: Rose, J.P., Lahtinen, Stein and McCarthy, JJ.


Defendant waived indictment and pleaded guilty to burglary in the third degree as charged in a superior court information. Under the terms of the plea agreement, defendant was released to one year of interim probation, after which she would be sentenced to time served and five years of probation. County Court advised defendant that if she did not successfully complete her interim probation, it would sentence her in its discretion to up to six years in prison. Defendant also waived her right to appeal, both orally and in writing. After violating the terms of her interim probation, defendant was sentenced to 2 to 6 years in prison and she now appeals.

Defendant's lone contention on appeal, that the sentence imposed by County Court is harsh and excessive, is precluded by her valid appeal waiver ( see People v Lopez, 6 NY3d 248, 255; People v Lewis, 69 AD3d 1232, 1234; People v Dillon, 61 AD3d 1221, 1222, lv denied 14 NY3d 840).

Ordered that the judgment is affirmed.


Summaries of

People v. Tiffany Fleeman

Appellate Division of the Supreme Court of New York, Third Department
Mar 10, 2011
82 A.D.3d 1361 (N.Y. App. Div. 2011)
Case details for

People v. Tiffany Fleeman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIFFANY FLEEMAN…

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

Date published: Mar 10, 2011

Citations

82 A.D.3d 1361 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 1747
918 N.Y.S.2d 393