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People v. Swift

305 A.D.2d 280 Court N.Y. App. Div. Decision date 2003-05-22 English

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p. 280
The People of the State of New York, Respondent, v Patricia Swift, Appellant.
[758 NYS2d 807]

Judgment, Supreme Court, New York County (John Bradley, J.), rendered May 2, 2000, convicting defendant, upon her plea of guilty, of grand larceny in the second degree, and sentencing her to a term of IV2 to 4V2 years, unanimously affirmed.

Defendant made a valid waiver of her right to appeal (see People v Moissett, 76 NY2d 909 [1990]). Accordingly, this waiver precludes any interest of justice review by this Court of her excessive sentence claim (People v Seaberg, 74 NY2d 1 , 9-10 [1989]). In any event, were we to find that defendant did

p. 281
not validly waive her right to appeal, we would perceive no basis for reducing the sentence. Concur — Buckley, P.J., Andrias, Sullivan, Lerner and Friedman, JJ.

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