PEOPLE v. MESSENGER

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

May 10, 2004

Judgment

CaseIQ

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DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the County Court properly determined, after a hearing, that she violated certain conditions of her plea agreement ( see generally People v. Outley, 80 N.Y.2d 702, cert denied sub nom Maietta v. Artuz, 519 U.S. 964).

Contrary to the People's contention, the defendant did not effectively waive her right to appeal her sentence ( see People v. Boustani, 300 A.D.2d 313; People v. Dongo, 244 A.D.2d 353). However, the sentence imposed was not excessive ( see People v. Fields, 197 A.D.2d 633; People v. Suitte, 90 A.D.2d 80).

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.