Summary
This Appellate Division, Second Department decision affirms the sentence imposed on Gary White following his guilty plea in Kings County Supreme Court. The court holds that the defendant's knowing, voluntary, and intelligent waiver of his right to appeal precludes appellate review of his claim that the sentence was excessive. Citing New York Court of Appeals precedent, the court finds no basis to overturn the lower court's sentencing decision.
Topics
Practice areas
Questions Presented
- Whether a valid waiver of the right to appeal precludes appellate review of a claim that a sentence is excessive.
Holdings
- The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive; the sentence is affirmed.
Key quotations
“The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 NY3d 545; People v. Lopez, 6 NY3d 248). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 NY3d at 255).” (at 255)
Factual background
The defendant, Gary White, pleaded guilty to a crime and was sentenced by the Supreme Court, Kings County on January 24, 2023. He knowingly, voluntarily, and intelligently waived his right to appeal. He later contended that the sentence was excessive.
Procedural history
The defendant pleaded guilty in the Supreme Court, Kings County, was sentenced on January 24, 2023, and waived his right to appeal. He later moved to challenge the sentence as excessive, prompting this limited appeal.