From Casetext: Smarter Legal Research

State v. Bilus

Appellate Division of the Supreme Court of New York, First Department
Oct 4, 2007
44 A.D.3d 325 (N.Y. App. Div. 2007)

Opinion

No. 1600-1600A.

October 4, 2007.

Judgments, Supreme Court, New York County (Budd G. Goodman, J., at plea; Richard D. Carruthers, J., at sentence), rendered on or about January 20, 2006, convicting defendant of criminal possession of stolen property in the fourth degree and forgery in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 2½ to 5 years and 2 to 4 years, respectively, unanimously affirmed.

Richard M. Greenberg, Office of the Appellate Defender, New York (Kerry Jamieson of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Sylvia Wertheimer of counsel), for respondent.

Before: Andrias, J.P., Sullivan, Catterson, McGuire and Malone, JJ.


Defendant made a valid waiver of his right to appeal, both orally and in writing ( see People v Ramos, 7 NY3d 737), which forecloses review of his excessive sentence claim. The court expressly ascertained from defendant that, as a condition of the plea, he was agreeing to waive his right to appeal, and the court did not treat that right as one of the rights automatically forfeited by a guilty plea ( see People v Lopez, 6 NY3d 248, 256-257; compare People v Moyett, 7 NY3d 892). On the contrary, the court clearly informed defendant that he would not be allowed to accept the plea offer unless he also chose to waive his right to appeal. Were we to find otherwise, we would nevertheless find no basis for reducing the sentence ( see People v Callahan, 80 NY2d 273, 285).


Summaries of

State v. Bilus

Appellate Division of the Supreme Court of New York, First Department
Oct 4, 2007
44 A.D.3d 325 (N.Y. App. Div. 2007)
Case details for

State v. Bilus

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK L. BILUS…

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

Date published: Oct 4, 2007

Citations

44 A.D.3d 325 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 7338
843 N.Y.S.2d 32

Citing Cases

People v. Wackwitz

In appeal No. 2, he appeals from a judgment convicting him, upon the same plea of guilty, of burglary in the…

People v. Dillon

The inclusion of a waiver of the right to appeal as a condition of the plea bargain is neither improper nor…