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The People of the State of New York v. Jeffrey C. Billins

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 30, 2009

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
JEFFREY C. BILLINS,
DEFENDANT-APPELLANT.

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered May 15, 2007.

1645

PRESENT: SCUDDER, P.J., HURLBUTT, SMITH, AND CENTRA, JJ.

MEMORANDUM AND ORDER

The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (two counts), criminal possession of a weapon in the second degree, criminal possession of a weapon in third degree (two counts) and criminally using drug paraphernalia in the second degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, two counts of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1], [12]). Contrary to the contention of defendant, the record establishes that his waiver of the right to appeal was knowingly, intelligently and voluntarily entered (see People v Lopez, 6 NY3d 248, 256). That valid waiver encompasses defendant's challenge to the factual sufficiency of the plea allocution and, in any event, defendant failed to preserve that challenge for our review (see People v Grimes, 53 AD3d 1055, 1056, lv denied 11 NY3d 789). The challenge by defendant to the severity of the sentence is also encompassed by his valid waiver of the right to appeal (see People v Hidalgo, 91 NY2d 733, 737).

Patricia L. Morgan Clerk of the Court

20091230

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