People v. Aitken
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
*1384We affirm. Defendant does not dispute that he validly waived his right to appeal, and our review of the record reveals that the underlying waiver encompassed both defendant’s conviction and sentence. The record further reflects that “defendant was aware of his sentencing exposure and that no specific sentencing commitment had been made” (People v Budwick, 82 AD3d 1447, 1448 [2011], lv denied 17 NY3d 857 [2011]). Accordingly, defendant’s present challenge to the severity of his sentence is precluded by his valid appeal waiver (see id. at 1448; People v Sofia, 62 AD3d 1159, 1160 [2009]; compare…
2Cases cited5 opinions
- People v. ShurockAppellate Division of the Supreme Court of the State of New York · 2011
- People v. FlakeAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BudwickAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SofiaAppellate Division of the Supreme Court of the State of New York · 2009
- People v. IldefonsoAppellate Division of the Supreme Court of the State of New York · 2011