midpage

People v. ByrdPeople v. Byrd

Appellate Division of the Supreme Court of the State of New York
Nov 28, 2012
Versions:100 A.D.3d 1013
954 N.Y.S.2d 464
2012 NY Slip Op 8146

Ordered that the judgment is affirmed.

Contrary to the defendant‘s contention, he validly waived his right to appeal. The Supreme Court sufficiently “describ[ed] the nature of the right being waived without lumping that right into the panoply of trial rights automatically forfeited upon pleading guilty and elicit[ed] agreements of understanding from the defendant” (People v Lopez, 6 NY3d 248, 257 [2006]; cf. People v Bradshaw, 18 NY3d 257, 265 [2011]). The defendant‘s valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d at 255). Mastro, J.P., Skelos, Chambers and Sgroi, JJ., concur.

Case Details

Case Name: People v. Byrd
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Nov 28, 2012
Citations: 100 A.D.3d 1013; 954 N.Y.S.2d 464; 2012 NY Slip Op 8146
Court Abbreviation: N.Y. App. Div.
Log In