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The People of the State of New York, Respondent, v. Patricia Swift, Appellant

New York Supreme Court, Appellate Division2003-05-22
305 A.D.2d 280758 N.Y.S.2d 807

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Opinion

majority opinion

Judgment, Supreme Court, New York County (John Bradley, J.), rendered May 2, 2000, convicting defendant, upon her plea of guilty, of grand larceny in the second degree, and sentencing her to a term of IV2 to 4V2 years, unanimously affirmed.

Defendant made a valid waiver of her right to appeal (see People v Moissett, 76 NY2d 909 [1990]). Accordingly, this waiver precludes any interest of justice review by this Court of her excessive sentence claim (People v Seaberg, 74 NY2d 1, 9-10 [1989]). In any event, were we to find that defendant did not validly waive her right to appeal, we would perceive no basis for reducing the sentence. Concur — Buckley, P.J., Andrias, Sullivan, Lerner and Friedman, JJ.