People v. Poleun
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered July 20, 2009. The judgment convicted defendant, upon his plea of guilty, of possessing a sexual performance by a child.
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 possessing a sexual performance by a child (Penal Law § 263.16). Contrary to defendant’s contention, the record of the plea proceeding establishes that defendant understood that the waiver of the right to appeal was…
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