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43 A.D.3d 409

People v. Backus

Appellate Division of the Supreme Court of the State of New York · decided 2007-08-07

Decided 2007-08-07

¶1Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered November 1, 2006, convicting him of grand larceny in the fourth degree, upon his plea of guilty, and imposing sentence.

¶2*410Ordered that the judgment is affirmed.

¶3The defendant voluntarily, knowingly, and intelligently waived his right to appeal as part of the plea agreement (see People v Lopez, 6 NY3d 248 [2006]; People v Callahan, 80 NY2d 273 [1992]; People v Moissett, 76 NY2d 909 [1990]). The defendant’s valid waiver encompasses the challenge to the legality of the procedure utilized in sentencing him as a second felony offender (see People v Callahan, supra).The defendant’s valid waiver also encompasses any challenge to the sentence as being excessive (see People v Lopez, supra).Spolzino, J.E, Krausman, Angiolillo and McCarthy, JJ., concur.

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