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People v. Mack

Supreme Court, Appellate Division, Second Department, New York.
Mar 4, 2015
126 A.D.3d 724 (N.Y. App. Div. 2015)

Opinion

2013-07277

03-04-2015

The PEOPLE, etc., 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.


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.

Opinion 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 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108 ) precludes review of his claim that the sentence imposed upon his violation of a plea condition was excessive (see People v. Rosas, 34 A.D.3d 605, 823 N.Y.S.2d 684 ; People v. Ward, 25 A.D.3d 727, 807 N.Y.S.2d 308 ; People v. Miles, 268 A.D.2d 489, 703 N.Y.S.2d 491 ).

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


Summaries of

People v. Mack

Supreme Court, Appellate Division, Second Department, New York.
Mar 4, 2015
126 A.D.3d 724 (N.Y. App. Div. 2015)
Case details for

People v. Mack

Case Details

Full title:The PEOPLE, etc., respondent, v. James MACK, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Mar 4, 2015

Citations

126 A.D.3d 724 (N.Y. App. Div. 2015)
2 N.Y.S.3d 366
2015 N.Y. Slip Op. 1818