Appellate Division of the Supreme Court of New York, 1996

People v. Brown

Appellate Division of the Supreme Court of New York · Decided February 5, 1996

224 A.D.2d 437; 637 N.Y.S.2d 761; 1996 N.Y. App. Div. LEXIS 846

Cases that cite this one

2 later published cases cite this decision.

People v. Bushati (Appellate Division of the Supreme Court of New York 1998)
People v. Taylor (Appellate Division of the Supreme Court of New York 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered November 1, 1993, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant received his agreed-upon sentence, and may not now complain of its excessiveness (see, People v Kazepis, 101 AD2d 816). The defendant’s challenges to the restitution provision of his sentence are unpreserved for appellate review *438(see, CPL 470.05 [2]) and, in any event, without merit considering that the restitution ordered was a condition of the defendant’s plea of guilty (see, e.g., People v Lugo, 191 AD2d 648; People v Moore, 176 AD2d 968; cf, People v Cisco, 208 AD2d 643).

Appellate review of the remaining issue raised by the defendant was effectively waived by him as part of his plea agreement (see, People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1). Rosenblatt, J. P., O’Brien, Pizzuto and Goldstein, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.