Appellate Division of the Supreme Court of New York, 2014

People v. Mack

People v. Mack
Appellate Division of the Supreme Court of New York · Decided July 23, 2014 · Eng, Balkin, Dickerson, Hinds-Radix
119 A.D.3d 875; 989 N.Y.S.2d 377
People v. Mack

Opinion

Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Kings County (Brennan, J.), revoking a sentence of probation previously imposed by the same court (Mullen, J), upon a finding that he violated conditions thereof, upon his admission, and imposing a term of imprisonment upon his previous convictions of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree imposed November 27, 2012, on the ground that the amended sentence was excessive.

Ordered that the amended sentence is affirmed.

The defendant’s waiver of his right to appeal, the validity of which he does not challenge on appeal, precludes review of his claim that the amended sentence imposed, upon his admission that he violated conditions of his probation, was excessive (see People v Whitlock, 114 AD3d 970 [2014]; People v Emma, 101 AD3d 1146 [2012]; People v Sansone, 65 AD3d 636 [2009]).

Eng, EJ., Balkin, Dickerson and Hinds-Radix, JJ., concur.

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