PEOPLE v. SMITH


34 A.D.3d 1127 (2006)

824 N.Y.S.2d 504

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMELL SMITH, Appellant.

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

Decided November 30, 2006.


Cardona, P.J.

Defendant pleaded guilty to assault in the second degree in full satisfaction of a four-count indictment. As part of the plea, defendant executed a comprehensive written waiver of his right to appeal. Defendant, who was 17 years old at the time of his arrest, was denied youthful offender status and sentenced, in accordance with the plea agreement, to two years in prison with three years of postrelease supervision.

Defendant initially asserts...

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