People v. Brown, 224 A.D.2d 437 (N.Y. App. Div. 1996). · Go Syfert
People v. Brown, 224 A.D.2d 437 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jessie Joe Brown
Appellate Division of the Supreme Court of the State of New York.
Feb 5, 1996.
224 A.D.2d 437
Cited by 2 opinions  |  Published

—Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered November 1, 1993, 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 received his agreed-upon sentence, and may not now complain of its excessiveness (see, People v Kazepis, 101 AD2d 816). The defendant’s challenges to the restitution provision of his sentence are unpreserved for appellate review[*438] (see, CPL 470.05 [2]) and, in any event, without merit considering that the restitution ordered was a condition of the defendant’s plea of guilty (see, e.g., People v Lugo, 191 AD2d 648; People v Moore, 176 AD2d 968; cf, People v Cisco, 208 AD2d 643).

Appellate review of the remaining issue raised by the defendant was effectively waived by him as part of his plea agreement (see, People v Callahan, 80 NY2d 273; People v Seaberg, 74 NY2d 1). Rosenblatt, J. P., O’Brien, Pizzuto and Goldstein, JJ., concur.