Appellate Division of the Supreme Court of New York, 2003

People v. Fuller

People v. Fuller
Appellate Division of the Supreme Court of New York · Decided December 4, 2003
2 A.D.3d 162; 767 N.Y.S.2d 619; 2003 N.Y. App. Div. LEXIS 12882
People v. Fuller

Opinion of the Court

Judgment, Supreme Court, New York County (Laura Drager, J.), rendered October 29, 2001, convicting defendant, upon his plea of guilty, of three counts of burglary in the third degree, and sentencing him, as a second felony offender, to consecutive terms of 2 to 4 years, unanimously affirmed.

Defendant’s challenge to his plea is unpreserved since he did *163not move to withdraw it (People v Lopez, 71 NY2d 662, 666 [1988]). In any event, the record establishes that defendant knowingly, intelligently and voluntarily pleaded guilty and waived his right to appeal (see People v Moissett, 76 NY2d 909 [1990]). Defendant’s valid waiver of his right to appeal forecloses his remaining claims, including those contained in his pro se supplemental brief. Concur—Tom, J.P., Andrias, Saxe and Ellerin, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.