People v. Baker
| Citation | 600 N.Y.S.2d 162,195 A.D.2d 700 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Richard F. BAKER, Also Known as Dickie, Appellant. |
| Decision Date | 08 July 1993 |
| Court | New York Supreme Court Appellate Division |
Jeffrey Franciso, Fonda, for appellant.
Guy P. Tomlinson, Dist. Atty. (Joseph M. Sise, of counsel), Fonda, for respondent.
Before MIKOLL, J.P., and YESAWICH, LEVINE and CREW, JJ.
Appeal from a judgment of the County Court of Montgomery County (Aison, J.), rendered April 25, 1991, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.
Defendant contends on this appeal that his sentence of 3 to 9 years' imprisonment was harsh and excessive. The record reveals that defendant voluntarily, knowingly and intelligently waived his right to appeal from the judgment as a part of his plea agreement (see, People v. Seaberg, 74 N.Y.2d 1, 5, 543 N.Y.S.2d 968, 541 N.E.2d 1022; People v. Bennett, 152 A.D.2d 886, 887, 543 N.Y.S.2d 771, lv. denied 74 N.Y.2d 845, 546 N.Y.S.2d 1010, 546 N.E.2d 193) and the judgment must therefore be affirmed (see, People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108). Were we to consider the merits of defendant's argument, we would find no basis to disturb the sentence imposed by County Court given that defendant's plea was in satisfaction of one 10-count indictment and another six-count indictment and defendant knew that he would receive the sentence ultimately imposed by County Court, which was less than the harshest possible sentence (see, People v. Mackey, 136 A.D.2d 780, 781, 523 N.Y.S.2d 242, lv. denied 71 N.Y.2d 899, 527 N.Y.S.2d 1008, 523 N.E.2d 315).
ORDERED that the judgment is affirmed.
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