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People v. Knapp

Supreme Court of New York, Second Department

July 10, 2013

The People of the State of New York, respondent,
v.
Dylan Knapp, appellant. Ind. No. 11-00130

Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant.

Francis D. Phillips II, District Attorney, Middletown, N.Y. (Robert H. Middlemiss of counsel), for respondent.

PETER B. SKELOS, J.P., CHERYL E. CHAMBERS, SANDRA L. SGROI, SYLVIA HINDS-RADIX, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.), rendered February 8, 2012, convicting him of aggravated vehicular homicide, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal (see People v Ramos, 7 N.Y.3d 737; People v Lopez, 6 N.Y.3d 248; People v DeSimone, 80 N.Y.2d 273) precludes review of his challenge to the factual sufficiency of the plea allocution (see People v Devodier, 102 A.D.3d 884) and of his contention that the sentence imposed was excessive (see People v Lewis, 105 A.D.3d 773).

The defendant's remaining contention is without merit.

SKELOS, J.P., CHAMBERS, SGROI and HINDS-RADIX, JJ., concur.


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