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State v. Diggs

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 2007
36 A.D.3d 933 (N.Y. App. Div. 2007)

Opinion

No. 2005-08828.

January 30, 2007.

Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik, J.), rendered September 6, 2005, convicting him of criminal possession of a forged instrument in the second degree, upon his plea of guilty, and imposing sentence.

James D. Licata, New City, N.Y. (Lois Cappelletti of counsel; Corey S. Shoock on the brief), for appellant.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Stephanie A. Small of counsel; Cynthia A. Carlson on the brief), for respondent.

Before: Miller, J.P., Spolzino, Krausman, Fisher and Dillon, JJ.


Ordered that the judgment is affirmed.

The defendant's valid and unrestricted waiver of the right to appeal as part of his plea agreement precludes appellate review of his claim that the sentence imposed was excessive ( see People v Allen, 82 NY2d 761; People v Sider, 232 AD2d 666; see also People v Ramos, 7 NY3d 737; People v Seaberg, 74 NY2d 1).


Summaries of

State v. Diggs

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 2007
36 A.D.3d 933 (N.Y. App. Div. 2007)
Case details for

State v. Diggs

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH DIGGS, Appellant

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

Date published: Jan 30, 2007

Citations

36 A.D.3d 933 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 668
827 N.Y.S.2d 670