People v. Nolcox
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Orange County (DeRosa, J.), imposed November 14, 2005, upon his conviction of criminal possession of a weapon in the third degree, after his plea of guilty.
Ordered that the sentence is affirmed.
The defendant’s valid waiver of his right to appeal forecloses review of his claim that the sentence imposed is excessive (see People v Oquendo, 38 AD3d 686 [2007]). The defendant’s contention, however, that the court failed to exercise its discretion at sentencing (cf. People v Farrar, 52 NY2d 302, 306 [1981];…
2Cases cited7 opinions
- People v. FarrarNew York Court of Appeals · 1981
- People v. SchaferAppellate Division of the Supreme Court of the State of New York · 2005
- People v. TerryAppellate Division of the Supreme Court of the State of New York · 1989
- People v. HalstonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. OquendoAppellate Division of the Supreme Court of the State of New York · 2007
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. GaryAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CharlesAppellate Division of the Supreme Court of the State of New York · 2009
- People v. VegaAppellate Division of the Supreme Court of the State of New York · 2008
- People v. VasquezAppellate Division of the Supreme Court of the State of New York · 2015
- People v. IliffAppellate Division of the Supreme Court of the State of New York · 2014
4 more not listed; retrieve them via the Exa API.