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The People of the State of New York, Respondent, v. David J. Safran, Appellant

New York Supreme Court, Appellate Division2014-01-29
113 A.D.3d 880978 N.Y.S.2d 911

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Opinion

majority opinion

The record demonstrates that the defendant’s plea of guilty was knowing, voluntary, and intelligent (see People v Garcia, 92 NY2d 869 [1998]).

Additionally, the defendant’s claim that his sentence is “unlawful” is without merit. The defendant pleaded guilty to one count of criminal possession of a forged instrument in the second degree, a class D felony. In accordance with his plea agreement, the defendant was sentenced to an agreed-upon term of imprisonment having a minimum of two years and a maximum of four years. Further, the sentence complied with Penal Law § 70.06 (3) and (4).

The defendant’s remaining contentions are without merit. Balkin, J.P., Chambers, Austin and Roman, JJ., concur.