People v. Young — 302 A.D.2d 798

Majority

p. 798

The People of the State of New York, Respondent, v Tewande Young, Appellant.

[754 NYS2d 592]

Appeal from a judgment of the County Court of Schenectady County (Hoye,

p. 799

J.), rendered April 23, 2002, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.

In satisfaction of a superior court information and multiple pending charges, defendant pleaded guilty to the crime of criminal possession of a weapon in the third degree and was sentenced as a second felony offender in accordance with the plea agreement to a prison term of 3 to 6 years. Defendant appeals, contending that the sentence imposed was harsh or excessive. Inasmuch as defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty, he has failed to preserve this issue for our review (see People v Hidalgo, 91 NY2d 733 ; People v Varno, 297 AD2d 873 , lv denied 99 NY2d 565 ). Nevertheless, were we to reach this issue, we would find no extraordinary circumstances or abuse of discretion warranting a reduction of the sentence imposed in the interest of justice (see People v Henry, 222 AD2d 932 , lv denied 88 NY2d 848 ).

Cardona, P.J., Mercure, Spain, Carpinello and Kane, JJ., concur. Ordered that the judgment is affirmed.

Cases cited

People v. Hidalgo 91 NY2d 733 N.Y. 1998-06-04 p. 799
People v. Varno 297 AD2d 873 N.Y. App. Div. 2002-09-26 p. 799
People v. Henry 222 AD2d 932 N.Y. App. Div. 1995-12-28 p. 799