People v. Smith

People v Smith (2020 NY Slip Op 04786)

People v Smith

2020 NY Slip Op 04786

Decided on August 26, 2020

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 26, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
HECTOR D. LASALLE
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
2019-02120
2020-06121
(Ind. No. 18-00231, S.C.I. No. 18-00511)

John R. Lewis, Sleepy Hollow, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (William C. Ghee of counsel), for respondent.

DECISION & ORDER

Appeals by the defendant from two judgments of the County Court, Orange County (William L. DeProspo, J.), both rendered January 7, 2019, convicting him of criminal sale of a controlled substance in the third degree under Indictment No. 18-00231 and criminal possession of a controlled substance in the third degree under Superior Court Information No. 18-00511, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentences imposed were excessive (see People v Thomas, 34 NY3d 545, 564; People v Bradshaw, 18 NY3d 257, 264-267; People v Ramos, 7 NY3d 737, 738; People v Lopez, 6 NY3d 248, 255-256; People v Stanley, 99 AD3d 955).

DILLON, J.P., LASALLE, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court