PEOPLE v. MOQUETTE


200 A.D.2d 854 (1994)

606 N.Y.S.2d 820

The People of the State of New York, Respondent, v. Euraldo Moquette, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 20, 1994


White, J.

Despite being sentenced in accordance with the terms of a plea bargain, defendant is claiming that he should be resentenced because when it sentenced him County Court allegedly relied on inaccurate and prejudicial statements contained in the presentence investigation report. Inasmuch as defendant is not challenging the legality of the sentence, this appeal is precluded by his waiver of his right to appeal which we find was knowingly and voluntarily...

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