From Casetext: Smarter Legal Research

People v. Gray

Appellate Division of the Supreme Court of New York, Second Department
May 20, 2008
51 A.D.3d 945 (N.Y. App. Div. 2008)

Opinion

No. 2007-01197.

May 20, 2008.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo, J.), rendered January 18, 2007, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Cameron Gilbert, P.C., Woodbury, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.

Before: Mastro, J.P., Rivera, Angiolillo and McCarthy, JJ.


Ordered that the judgment is affirmed.

The defendant contends that the sentencing court failed to exercise its discretionary powers when imposing sentence, and thereby imposed the sentence illegally. This contention is without merit ( see People v Farrar, 52 NY2d 302, 308). The sentencing court ultimately exercised its discretion in sentencing the defendant, even though the sentence imposed was pursuant to a plea agreement ( see People v Daniel D., 123 AD2d 782).

The defendant's "valid and unrestricted written waiver of the right to appeal, as part of his plea agreement, precludes appellate review of his claim that the sentence imposed was excessive" ( People v Morrow, 48 AD3d 704, 705; People v Lopez, 6 NY3d 248, 255; see also People v Cumba, 32 AD3d 444, 445).


Summaries of

People v. Gray

Appellate Division of the Supreme Court of New York, Second Department
May 20, 2008
51 A.D.3d 945 (N.Y. App. Div. 2008)
Case details for

People v. Gray

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND GRAY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 20, 2008

Citations

51 A.D.3d 945 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 4723
856 N.Y.S.2d 887

Citing Cases

People v. Williams

Ordered that the judgment is affirmed. Contrary to the defendant's contentions, the record demonstrates that…

People v. Vasquez

The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence…