People v. Mack

Full title: The People of the State of New York, respondent, v. James Mack, appellant…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Mar 4, 2015

2015 N.Y. Slip Op. 1818 (N.Y. App. Div. 2015)

Opinion

2013-07277 Ind. No. 953/11

03-04-2015

The People of the State of New York, respondent, v. James Mack, appellant. Neal D. Futerfas, White Plains, N.Y., for appellant.

Madeline Singas, Acting District Attorney, Mineola, N.Y. (Kevin C. King of counsel; Matthew C. Frankel on the brief), for respondent.

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

Madeline Singas, Acting District Attorney, Mineola, N.Y. (Kevin C. King of counsel; Matthew C. Frankel on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Gulotta, J.), rendered July 9, 2013, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of the right to appeal (see People v Lopez, 6 NY3d 248, 255; People v Callahan, 80 NY2d 273, 280) precludes review of his claim that the sentence imposed upon his violation of a plea condition was excessive (see People v Rosas, 34 AD3d 605; People v Ward, 25 AD3d 727; People v Miles, 268 AD2d 489).

DILLON, J.P., CHAMBERS, AUSTIN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court