PEOPLE v. YOUNG

Decided and Entered: February 27, 2003
13991

THE PEOPLE OF THE STATE OF NEW YORK,
Respondent,
v
TEWANDE YOUNG,
Appellant.

Calendar Date: January 29, 2003
Before.....

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Decided and Entered: February 27, 2003 13991 ________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v TEWANDE YOUNG, Appellant. ________________________________ Calendar Date: January 29, 2003 Before: Cardona, P.J., Mercure, Spain, Carpinello and Kane, JJ. __________ Mark Sherman, Woodbourne, for appellant. Robert M. Carney, District Attorney, Schenectady (Alfred D. Chapleau of counsel), for respondent. __________ Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), rendered April 23, 2002, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree. In satisfaction of a superior court information and multiple pending charges, defendant pleaded guilty to the crime of criminal possession of a weapon in the third degree and was sentenced as a second felony offender in accordance with the plea agreement to a prison term of 3 to 6 years. Defendant appeals, contending that the sentence imposed was harsh or excessive. Inasmuch as defendant waived his right to appeal as part of a knowing, voluntary and intelligent plea of guilty, he has failed to preserve this issue for our review (see People v Hidalgo, 91 NY2d 733; People v Varno, 297 AD2d 873, lv denied ___ NY2d ___ [Dec. 5, 2002]). Nevertheless, were we to reach this issue, we would find no extraordinary circumstances or abuse of discretion warranting a reduction of the sentence imposed in the interest of justice (see People v Henry, 222 AD2d 932, lv denied 88 NY2d 848). Cardona, P.J., Mercure, Spain, Carpinello and Kane, JJ., concur. ORDERED that the judgment is affirmed. ENTER: Michael J. Novack Clerk of the Court

PEOPLE v. YOUNG

Decided and Entered: February 27, 2003 13991 ________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v TEWANDE YOUNG, Appellant. ________________________________ Calendar Date: January 29, 2003 Before.....

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Decided and Entered: February 27, 2003
13991

THE PEOPLE OF THE STATE OF NEW YORK,
Respondent,
v
TEWANDE YOUNG,
Appellant.

Calendar Date: January 29, 2003
Before.....