Appellate Division of the Supreme Court of New York, 2010

People v. Burton

People v. Burton
Appellate Division of the Supreme Court of New York · Decided January 5, 2010
69 A.D.3d 644; 891 N.Y.2d 292
People v. Burton

Opinion of the Court

The defendant’s valid and unrestricted waiver of her right to appeal forecloses appellate review of her challenge to the procedure employed by the sentencing court in its determination regarding restitution (see People v Ordover, 67 AD3d 824 [2009]; see also People v Callahan, 80 NY2d 273, 280-281 [1992]; People v Williams, 62 AD3d 730, 731 [2009]). Furthermore, the defendant’s valid and unrestricted waiver of her right to appeal precludes review of her claim that the sentence imposed upon her violation of probation was excessive (see People v Stewart, 66 AD3d 924, 924 [2009]; People v Kimbrough, 25 AD 3d 810, 810-811 [2006]). Rivera, J.E, Miller, Leventhal and Chambers, JJ., concur.

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