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People v. Barnett

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


December 8, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
TAFARI A. BARNETT, APPELLANT.

Appeal by the defendant from a judgment of the County Court, Westchester County (Neary, J.), rendered October 3, 2007, convicting him of assault in the second degree, 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.

PETER B. SKELOS, J.P., ANITA R. FLORIO, RUTH C. BALKIN, ARIEL E. BELEN and LEONARD B. AUSTIN, JJ.

(Ind. No. 07-0105)

DECISION & ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his claim that his waiver of his right to appeal was invalid does not, in and of itself, warrant reversal of the judgment of conviction or vacatur of the sentence imposed.

SKELOS, J.P., FLORIO, BALKIN, BELEN and AUSTIN, JJ., concur.

20091208

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