From Casetext: Smarter Legal Research

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 437 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

Appeal from the County Court, Rockland County (Nelson, J.).


Ordered that the judgment is affirmed.

The defendant received his agreed-upon sentence, and may not now complain of its excessiveness (see, People v. Kazepis, 101 A.D.2d 816). The defendant's challenges to the restitution provision of his sentence are unpreserved for appellate review (see, CPL 470.05) and, in any event, without merit considering that the restitution ordered was a condition of the defendant's plea of guilty (see, e.g., People v. Lugo, 191 A.D.2d 648; People v. Moore, 176 A.D.2d 968; cf, People v. Cisco, 208 A.D.2d 643).

Appellate review of the remaining issue raised by the defendant was effectively waived by him as part of his plea agreement (see, People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1). Rosenblatt, J.P., O'Brien, Pizzuto and Goldstein, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 437 (N.Y. App. Div. 1996)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSIE JOE BROWN…

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

Date published: Feb 5, 1996

Citations

224 A.D.2d 437 (N.Y. App. Div. 1996)
637 N.Y.S.2d 761

Citing Cases

People v. Taylor

Ordered that the judgment is affirmed. The defendant's contentions that the court breached the plea agreement…

People v. Bushati

In any event, the court did not err in imposing restitution without conducting a hearing. The amount of…