People v. Halloway

Appellate Division of the Supreme Court of New York

People v. Halloway

305 A.D.2d 117, 757 N.Y.S.2d 743, 2003 N.Y. App. Div. LEXIS 4616

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 1, 2003

StatusPublished

This text of 305 A.D.2d 117 (People v. Halloway) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Halloway, 305 A.D.2d 117, 757 N.Y.S.2d 743, 2003 N.Y. App. Div. LEXIS 4616 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, Bronx County (Robert Straus, J.), rendered March 18, 2002, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant, who received the minimum sentence permitted by law, requests this Court to reduce his conviction to a lesser offense so as to permit imposition of a more lenient sentence. We conclude that defendant’s comprehensive waiver of his right to appeal forecloses appellate review of such a claim (see People v Hidalgo, 91 NY2d 733 [1998]). Concur — Tom, J.P., Andrias, Sullivan, Rosenberger and Friedman, JJ.

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Judgment, Supreme Court, Bronx County (Robert Straus, J.), rendered March 18, 2002, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant, who received the minimum sentence permitted by law, requests this Court to reduce his conviction to a lesser offense so as to permit imposition of a more lenient sentence. We conclude that defendant’s comprehensive waiver of his right to appeal forecloses appellate review of such a claim (see People v Hidalgo, 91 NY2d 733 [1998]). Concur — Tom, J.P., Andrias, Sullivan, Rosenberger and Friedman, JJ.

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Bluebook (online)

305 A.D.2d 117, 757 N.Y.S.2d 743, 2003 N.Y. App. Div. LEXIS 4616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-halloway-nyappdiv-2003.

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