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People v. Lee

236 A.D.2d 213 Court N.Y. App. Div. Decision date 1997-02-04 English

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p. 213
The People of the State of New York, Respondent, v Antonio Lee, Appellant.
[654 NYS2d 116]

—Judgment, Supreme Court, New York County (Edward Sheridan, J., at hearing and plea; Juanita Bing Newton, J., at sentence), rendered June 30, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a prison term of one year, unanimously affirmed.

Defendant’s valid waiver of his right to appeal the suppression ruling was not negated by the court’s imposition of a sentence greater than that bargained for, where defendant clearly violated a condition, to which he assented, of his voluntary, intelligent and knowing plea (see, People v Green, 227 AD2d 240 , lv denied 88 NY2d 985 ). There being no viable issues to consider on appeal, we affirm. (People v Callahan, 80 NY2d 273 , 284.) Concur—Sullivan, J. P., Wallach, Rubin, Tom and Andrias, JJ.

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