Appellate Division of the Supreme Court of New York, 2017

People v. Bones

Appellate Division of the Supreme Court of New York · Decided March 31, 2017 · Dejoseph, Nemoyer, Peradotto, Scudder, Smith

148 A.D.3d 1793; 49 N.Y.S.3d 335

Cases that cite this one

1 later published case cites this decision.

People v. Lewis (Appellate Division of the Supreme Court of New York 2017)

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 from a judgment of the Niagara County Court (Sara Sheldon, J.), rendered January 13, 2016. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31). Contrary to defendant’s contention, the record establishes that he knowingly, voluntarily, and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]). That valid waiver constitutes a “general unrestricted waiver” that *1794encompasses his contention that the sentence imposed is unduly harsh and severe (People v Hidalgo, 91 NY2d 733, 737 [1998]; see Lopez, 6 NY3d at 255-256; cf. People v Maracle, 19 NY3d 925, 928 [2012]).

Present — Smith, J.P., Peradotto, DeJoseph, NeMoyer and Scudder, JJ.

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