Majority
p. 524The People of the State of New York, Respondent, v Marco Boykin, Appellant. [767 NYS2d 231]
— Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered November 13, 2002, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s valid waiver of his right to appeal precludes
p. 525
review of his contentions that he should have been sentenced as a youthful offender (see People v Nye, 299 AD2d 371 [2002]; People v Hubbard, 288 AD2d 490 [2001]), and that the sentence imposed was excessive (see People v Hidalgo, 91 NY2d 733 [1998]; People v Barnes, 306 AD2d 537 [2003]). Smith, J.P., Krausman, McGinity and Rivera, JJ., concur.
Cases cited
- People v. Hubbard 288 AD2d 490 p. 525
- People v. Hidalgo 91 NY2d 733 p. 525