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The People of the State of v. Jacques Moron

State of New York Supreme Court, Appellate Division Third Judicial Department


November 10, 2011

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JACQUES MORON, APPELLANT.

Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), rendered March 24, 2010, convicting defendant upon his plea of guilty of the crimes of attempted criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree.

MEMORANDUM AND ORDER

Calendar Date: September 28, 2011

Before: Peters, J.P., Spain, Malone Jr., McCarthy and Garry, JJ.

In satisfaction of a four-count indictment, defendant pleaded guilty to attempted criminal sale of a controlled substance in the third degree and waived his right to appeal. Under the terms of the plea agreement, defendant was to be sentenced to a determinate term of imprisonment of at least one year and no more than 51/2 years to be followed by a two-year period of postrelease supervision. County Court released defendant to interim probation pending sentencing. While on probabion, defendant and a co-defendant were charged in a 12-count indictment with additional drug-related crimes. In satisfaction thereof, defendant pleaded guilty to criminal sale of a controlled substance in the third degree and again waived his right to appeal. Under the terms of this plea agreement, he was to be sentenced to nine years in prison, to be followed by two years of postrelease supervision, to run concurrently to the sentence imposed in connection with the first indictment of 51/2 years in prison to be followed by two years of postrelease supervision. Defendant was sentenced accordingly and he now appeals.

Defendant's sole contention is that the sentence is harsh and excessive. We are, however, precluded from addressing this claim given defendant's valid waivers of appeal (see People v Harris, 84 AD3d 1587 [2011]; People v Jones, 83 AD3d 1289 [2011], lv denied 17 NY3d 860 [2011]). Therefore, we decline to disturb the judgment of conviction.

Peters, J.P., Spain, Malone Jr., McCarthy and Garry, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court

20111110

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