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The People of the State of New York v. Terrance B. Hines

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


March 25, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
TERRANCE B. HINES, ALSO KNOWN AS "T,"
DEFENDANT-APPELLANT.

Appeal from a judgment of the Cayuga County Court (Stephen R. Sirkin, A.J.), rendered October 14, 2009. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

People v Hines

Decided on March 25, 2011

Appellate Division, Fourth Department

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.

Decided on March 25, 2011

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND GREEN, JJ.

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 criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). Contrary to the contention of defendant, the record establishes that he was sentenced in accordance with the terms of the plea bargain (see People v Green, 277 AD2d 970, lv denied 96 NY2d 759). By pleading guilty, defendant forfeited his further contention with respect to the People's alleged violation of CPL 160.50 (see generally People v Nunez, 73 AD3d 1469, lv denied 15 NY3d 808).

Patricia L. Morgan Clerk of the Court

20110325

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