Appellate Division of the Supreme Court of New York, 2000

People v. Rosario

People v. Rosario
Appellate Division of the Supreme Court of New York · Decided February 8, 2000
269 A.D.2d 187; 702 N.Y.S.2d 809; 2000 N.Y. App. Div. LEXIS 1157
People v. Rosario

Opinion of the Court

—Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered December 18, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 6 years to life, unanimously affirmed.

Since the record demonstrates that defendant’s waiver of his right to appeal was entered into knowingly, intelligently and voluntarily, the waiver bars any challenge to the sentence on the grounds of excessiveness, and precludes our interest of justice review (People v Seaberg, 74 NY2d 1, 9-10). In any event, we perceive no abuse of sentencing discretion. Concur— Sullivan, J. P., Nardelli, Tom, Lerner and Andrias, JJ.

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