The People of the State of New York, Respondent, v. Joseph Fisher, Defendant–Appellant.

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

The People of the State of New York, Respondent, v. Joseph Fisher, Defendant–Appellant.

5405

Decided: June 23, 2011

Tom, J.P., Friedman, Acosta, Renwick, DeGrasse, JJ. Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (David M. Cohn of counsel), for respondent.

Joseph M. Fisher, appellant pro se.

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Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered March 23, 2010, convicting defendant, upon his plea of guilty, of burglary in the first degree and attempted rape in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 13 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal, which forecloses his claim that his sentence is excessive.   As an alternative holding, we perceive no basis for reducing the sentence.

Defendant's pro se claims are unreviewable on the present record, and are without merit in any event.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK