midpage

People v. PattersonPeople v. Patterson

Appellate Division of the Supreme Court of the State of New York
Jan 23, 2007
Versions:36 A.D.3d 832
829 N.Y.S.2d 159

Ordered that the judgments are affirmed.

The defendant‘s claim that his plea under indictment No. 05-00186 was not knowing, voluntary, or intelligent is unpreserved for appellate review because the defendant did not move to withdraw his plea before he was sentenced (see People v Gregory, 16 AD3d 597, 598 [2005]). In any event, contrary to the defendant‘s contention, because the court advised the defendant of the postrelease supervision component of his sentence at the plea proceeding, it is unlikely that the court‘s imprecise language regarding the concurrent sentences on the two indictments misled the defendant as to the effect of postrelease supervision (id.).

The defendant‘s valid waivers of his right to appeal foreclose review of his claim that his sentences are excessive (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 257 [2006]; People v Lopez, 34 AD3d 599 [2006]; People v Ciatto, 290 AD2d 560, 561 [2002]; cf. People v Moyett, 7 NY3d 892 [2006]). Crane, J.P., Skelos, Lifson and Dillon, JJ., concur.

Case Details

Case Name: People v. Patterson
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jan 23, 2007
Citations: 36 A.D.3d 832; 829 N.Y.S.2d 159
Court Abbreviation: N.Y. App. Div.
Log In