THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. TERRANCE HINES ALSO KNOWN AS DEFENDANT APPELLANT (2011)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TERRANCE B. HINES, ALSO KNOWN AS “T,” DEFENDANT-APPELLANT.

KA 09-02164

Decided: March 25, 2011

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND GREEN, JJ.

WILLIAM G. PIXLEY, ROCHESTER, FOR DEFENDANT-APPELLANT. JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (ROMOLO CANZANO OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1] ). Contrary to the contention of defendant, the record establishes that he was sentenced in accordance with the terms of the plea bargain (see People v. Green, 277 A.D.2d 970, lv denied 96 N.Y.2d 759). By pleading guilty, defendant forfeited his further contention with respect to the People's alleged violation of CPL 160.50 (see generally People v. Nunez, 73 AD3d 1469, lv denied 15 NY3d 808).

Patricia L. Morgan

Clerk of the Court

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