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People v. Monk

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 2000
270 A.D.2d 433 (N.Y. App. Div. 2000)

Opinion

Submitted February 10, 2000

March 23, 2000

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered November 25, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Cristina D'Amato Arvoy, White Plains, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.

SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The record demonstrates that without any limitation, the defendant knowingly, intelligently, and voluntarily waived his right to appeal his conviction and sentence (see, People v. Moissett, 76 N.Y.2d 909 ; People v. Seaberg, 74 N.Y.2d 1 ). That valid waiver precludes appellate review of the denial of that branch of the defendant's omnibus motion which was to suppress identification evidence (see, People v. Kemp, N.Y.2d [Dec. 2, 1999]; People v. Brathwaite, 263 A.D.2d 89 [2d Dept., Jan. 18, 2000]; People v. Allen, 267 A.D.2d 1063 [4th Dept., Dec. 30, 1999]; People v. Perez, 267 A.D.2d 335 [2d Dept., Dec. 13, 1999]; People v. Earnshaw, 262 A.D.2d 579 ). Furthermore, since the defendant was informed of the maximum sentence that could be imposed if he failed to comply with the conditions of the plea agreement, the general waiver of his right to appeal encompasses his claim that the enhanced sentence imposed by the court was excessive (see, People v. Miles, 268 A.D.2d 490 [2d Dept., Jan. 18, 2000]).

S. MILLER, J.P., KRAUSMAN, FLORIO, and H. MILLER, JJ., concur.


Summaries of

People v. Monk

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 2000
270 A.D.2d 433 (N.Y. App. Div. 2000)
Case details for

People v. Monk

Case Details

Full title:THE PEOPLE, etc., respondent, v. JAMES C. MONK, appellant. (Ind. No…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 23, 2000

Citations

270 A.D.2d 433 (N.Y. App. Div. 2000)
705 N.Y.S.2d 257

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