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People v. Vega

256 A.D.2d 157 Court N.Y. App. Div. Decision date 1998-12-15 English

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p. 157
The People of the State of New York, Respondent, v William Vega, Also Known as Jose Garcia, Appellant.
[683 NYS2d 423]

—Judgment, Supreme Court, Bronx County (Steven Lloyd Barrett, J.), entered May 19, 1997, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The record of defendant’s plea allocution establishes that he voluntarily and intelligently waived his right to appeal (see, People v Perez, 245 AD2d 20 , lv denied 91 NY2d 896 ; People v Aponte, 212 AD2d 157 ). This waiver forecloses review of his claims that his sentence was excessive (People v Hidalgo, 91 NY2d 733 ; People v Seaberg, 74 NY2d 1 , 9-10) or procedurally defective (People v Callahan, 80 NY2d 273 , 281). Concur— Ellerin, J. P., Nardelli, Rubin and Saxe, JJ.

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