People v Hines
2011 NY Slip Op 02287 [82 AD3d 1694]
March 25, 2011
Appellate Division, Fourth Department
As corrected through Wednesday, May 11, 2011


The People of the State of New York, Respondent, v Terrance B.Hines, Also Known as "T," Appellant.

[*1]William G. Pixley, Rochester, for defendant-appellant.

Jon E. Budelmann, District Attorney, Auburn (Romolo Canzano of counsel), forrespondent.

Appeal from a judgment of the Cayuga County Court (Stephen R. Sirkin, A.J.), renderedOctober 14, 2009. The judgment convicted defendant, upon his plea of guilty, of criminal sale ofa controlled substance in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofcriminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]).Contrary to the contention of defendant, the record establishes that he was sentenced inaccordance with the terms of the plea bargain (see People v Green, 277 AD2d 970[2000], lv denied 96 NY2d 759 [2001]). By pleading guilty, defendant forfeited hisfurther contention with respect to the People's alleged violation of CPL 160.50 (see generally People v Nunez, 73AD3d 1469 [2010], lv denied 15 NY3d 808 [2010]). Present—Scudder, P.J.,Smith, Peradotto, Lindley and Green, JJ.


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