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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOBBY FRAZIER JR., Appellant.

In satisfaction of a seven-count indictment charging him with various drug-related crimes, defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree. As part of the plea agreement, defendant waived his right to appeal and was to be sentenced to a prison term of no more than 5½ to 11 years and no less than 5 to 10 years. After entering the plea, defendant was sentenced as a second felony offender to 5 to 10 years in prison. He now appeals.

Defendant's sole contention is that the sentence is harsh and excessive. However, considering that defendant entered a knowing, voluntary and intelligent guilty plea, which included a waiver of the right to appeal, we will not review this claim ( see People v. Clow, 10 AD3d 803, 804; see also People v. Hidalgo, 91 NY2d 733, 737). Furthermore, we find no circumstances warranting the exercise of our interest of justice jurisdiction.

Ordered that the judgment is affirmed.

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PEOPLE v. FRAZIER
(Apr 21, 2005)