People v Hines
2011 NY Slip Op 02287 [82 AD3d 1694]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


The People of the State of New York, Respondent, v Terrance B. Hines, Also Known as "T," Appellant.

[*1] William G. Pixley, Rochester, for defendant-appellant.

Jon E. Budelmann, District Attorney, Auburn (Romolo Canzano of counsel), for respondent.

Appeal from a judgment of the Cayuga County Court (Stephen R. Sirkin, A.J.), rendered October 14, 2009. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

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 AD2d 970 [2000], lv denied 96 NY2d 759 [2001]). 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 [2010], lv denied 15 NY3d 808 [2010]). Present—Scudder, P.J., Smith, Peradotto, Lindley and Green, JJ.