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PEOPLE v. McCARTHY

2007-06178.

2008 NY Slip Op 06309

THE PEOPLE, ETC., respondent, v. DERRICK McCARTHY, appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 15, 2008.

Attorney(s) appearing for the Case

Sandback, Birnbaum & Michelen, Mineola, N.Y. (Oscar Michelen of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Rebecca Kramer of counsel), for respondent.

Before: ROBERT A. SPOLZINO, J.P., STEVEN W. FISHER, EDWARD D. CARNI, THOMAS A. DICKERSON, JJ.

DECISION & ORDER

ORDERED that the judgment if affirmed.

The defendant voluntarily, knowingly, and intelligently entered his plea of guilty (see People v. Fiumefreddo, 82 N.Y.2d 536, 543-547; People v. Sioleski, 21 A.D.3d 501, 502; People v. Leo, 255 A.D.2d 458, 459) and waived his right to appeal as part of his plea agreement...

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