People v. Frazier

Appellate Division of the Supreme Court of New York

People v. Frazier

17 A.D.3d 869, 792 N.Y.S.2d 882, 2005 N.Y. App. Div. LEXIS 4164

Appellate Division of the Supreme Court of the State of New York·Decided April 21, 2005·Published·Cited by 1 cases

Opinion

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered September 11, 2003, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

In satisfaction of a seven-count indictment charging him with various drug-related crimes, defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree. As part of the plea agreement, defendant waived his right to appeal and was to be sentenced to a prison term of no more than 51/2 to 11 years and no less than 5 to 10 years. After entering the plea, defendant was sentenced as a second felony offender to 5 to 10 years in prison. He now appeals.

Defendant’s sole contention is that the sentence is harsh and excessive. However, considering that defendant entered a knowing, voluntary and intelligent guilty plea, which included a waiver of the right to appeal, we will not review this claim (see People v Clow, 10 AD3d 803, 804 [2004]; see also People v Hidalgo, 91 NY2d 733, 737 [1998]). Furthermore, we find no circumstances warranting the exercise of our interest of justice jurisdiction.

Crew III, J.P., Carpinello, Mugglin, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered September 11, 2003, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

In satisfaction of a seven-count indictment charging him with various drug-related crimes, defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree. As part of the plea agreement, defendant waived his right to appeal and was to be sentenced to a prison term of no more than 51/2 to 11 years and no less than 5 to 10 years. After entering the plea, defendant was sentenced as a second felony offender to 5 to 10 years in prison. He now appeals.

Defendant’s sole contention is that the sentence is harsh and excessive. However, considering that defendant entered a knowing, voluntary and intelligent guilty plea, which included a waiver of the right to appeal, we will not review this claim (see People v Clow, 10 AD3d 803, 804 [2004]; see also People v Hidalgo, 91 NY2d 733, 737 [1998]). Furthermore, we find no circumstances warranting the exercise of our interest of justice jurisdiction.

Crew III, J.P., Carpinello, Mugglin, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.

People v. Frazier, 17 A.D.3d 869, 792 N.Y.S.2d 882, 2005 N.Y. App. Div. LEXIS 4164 (N.Y. Ct. App. 2005).

Pincite

17 A.D.3d 869 (People v. Frazier) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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