Summary
This New York Appellate Division decision affirms three County Court judgments convicting the defendant of criminal possession of a weapon and a controlled substance following guilty pleas. The court addresses the defendant's claim that his sentences were excessive but finds that he had previously entered a valid waiver of his right to appeal. Consequently, the appellate court lacks jurisdiction to review the sentencing contention and orders the judgments affirmed.
Topics
Practice areas
Questions Presented
- Whether the defendant knowingly, voluntarily, and intelligently waived his right to appeal, thereby precluding appellate review of the sentence.
Holdings
- The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentences imposed were excessive, and the judgments are affirmed.
Key quotations
“The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentences imposed were excessive.” (at 1)
Factual background
Robert J. Bolton pleaded guilty to three indictments—two for criminal possession of a weapon in the second degree and one for criminal possession of a controlled substance in the third degree—in Orange County. The County Court sentenced him, and he subsequently waived his right to appeal.
Procedural history
The County Court, Orange County entered judgments on December 16, 2021, convicting the defendant of the listed offenses and imposing sentences. The defendant appealed, asserting that the sentences were excessive, but the appellate court found a valid waiver of the right to appeal.