People v. Cruz

Summary

The Appellate Division, Second Department, affirmed a judgment convicting Elijah D. Cruz of criminal possession of a weapon in the second degree following his guilty plea. The court held that Cruz knowingly, voluntarily, and intelligently waived his right to appeal, precluding review of the denial of youthful offender treatment and his claims that the sentence was excessive and constituted cruel and unusual punishment.

Holdings

1. The defendant knowingly, voluntarily, and intelligently waived his right to appeal.
2. The defendant's valid waiver of the right to appeal precluded appellate review of the County Court's discretionary determination to deny youthful offender treatment.
3. The defendant's valid waiver of the right to appeal precluded review of his claims that the sentence was excessive and constituted cruel and unusual punishment.

Questions Presented

1. Whether the defendant knowingly, voluntarily, and intelligently waived his right to appeal.
2. Whether a valid waiver of the right to appeal precluded appellate review of the County Court's discretionary refusal to grant youthful offender treatment.
3. Whether a valid waiver of the right to appeal precluded review of claims that the sentence was excessive and constituted cruel and unusual punishment.

Disposition

affirmed