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People v. Moore

NEW YORK SUPREME COURT, APPELLATE DIVISION, THIRD DEPARTMENT


January 22, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JANICA MOORE, APPELLANT.

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.

Calendar Date: December 18, 2008

Before: Cardona, P.J., Peters, Lahtinen, Kane and Stein, JJ.

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Washington County (McKeighan, J.), rendered February 14, 2008, convicting defendant upon her plea of guilty of the crime of promoting prison contraband in the first degree.

Waiving her right to appeal, defendant pleaded guilty to promoting prison contraband in the first degree. County Court thereafter sentenced defendant as negotiated to six months in jail and five years of probation. Defendant now appeals.

The sole contention advanced by defendant is that the sentence imposed is harsh and excessive. She is precluded from making such a challenge, however, given that she validly waived her right to appeal (see People v Wilson, 53 AD3d 928, 929 [2008]). Accordingly, the judgment is affirmed.

Cardona, P.J., Peters, Lahtinen, Kane and Stein, JJ., concur.

ORDERED that the judgment is affirmed.

20090122

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