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People v. Ayodele

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


December 15, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
FEMI AYODELE, APPELLANT.

Appeals by the defendant from (1) a judgment of the Supreme Court, Suffolk County (R. Doyle, J.), rendered May 17, 2007, convicting him of robbery in the third degree under Indictment No. 2523/05, and (2) a judgment of the County Court, Suffolk County (Kahn, J.), rendered May 17, 2007, convicting him of attempted gang assault in the first degree under Indictment No. 2239A/06, upon his pleas of guilty, and imposing sentences.

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.

MARK C. DILLON, J.P., HOWARD MILLER, RANDALL T. ENG, L. PRISCILLA HALL and SANDRA L. SGROI, JJ.

(Ind. Nos. 2523/05, 2239/06)

DECISION & ORDER

ORDERED that the judgments are affirmed.

The defendant's knowing, intelligent, and voluntary waiver of his right to appeal as part of his plea agreements forecloses consideration of the issues that he now advances on appeal with respect to the length of the sentences under both judgments (see People v Lopez, 6 NY3d 248, 256; People v Calvi, 89 NY2d 868, 871; People v Silent, 37 AD3d 625).

DILLON, J.P., MILLER, ENG, HALL and SGROI, JJ., concur.

20091215

© 1992-2009 VersusLaw Inc.



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