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People v. Hodges

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 23, 2008

THE PEOPLE, ETC., RESPONDENT,
v.
GARY HODGES, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered May 30, 2006, convicting him of murder in the second degree and attempted robbery in the first degree (two counts), upon his plea of guilty, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., HOWARD MILLER, RUTH C. BALKIN and WILLIAM E. McCARTHY, JJ.

(Ind. No. 4099/02)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant's waiver of his right to appeal was valid (see People v Holman, 89 NY2d 876, 878; People v Seaberg, 74 NY2d 1, 11), and precludes review of his challenge to the factual sufficiency of his plea allocution (see People v Murphy, 55 AD3d 930; People v McCarthy, 53 AD3d 589; People v Wager, 34 AD3d 505, 506; People v Curras, 1 AD3d 445) and his right to claim that the sentence imposed was excessive (see People v Allen, 82 NY2d 761, 763; People v Coss, 309 AD2d 945; People v Acevedo, 216 AD2d 476).

MASTRO, J.P., MILLER, BALKIN and McCARTHY, JJ., concur.

20081223

© 1992-2008 VersusLaw Inc.



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