People v. Luke, 281 A.D.2d 947 (N.Y. App. Div. 4th Dep't 2001). · Go Syfert
People v. Luke, 281 A.D.2d 947 (N.Y. App. Div. 4th Dep't 2001). Cases Citing This Book View Copy Cite
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The People of the State of New York
v.
Scott Luke
Appellate Division of the Supreme Court of the State of New York.
Mar 21, 2001.
Published opinion
281 A.D.2d 947
2001 N.Y. App. Div. LEXIS 2804
Cited by 1 opinion  |  Published

Judgment unanimously affirmed. Memorandum: In stating on the record that defendant “should serve a long time and not be released to parole until it’s absolutely mandatory,” the sentencing court did not depart from the plea bargain or in effect impose a determinate term of nine years. Thus, contrary to defendant’s contention, the indeterminate term of incarceration of 4V2 to 9 years imposed by County Court is legal (see, Penal Law § 70.04 [former (3), (4)]). Defendant’s waiver of the right to appeal, which is valid and all-encompassing on its face (see generally, People v Kemp, 94 NY2d 831, 833), bars consideration of defendant’s challenge to the severity of the sentence (see, People v Lococo, 92 NY2d 825, 827; People v Hidalgo, 91 NY2d 733, 737). (Appeal from Judgment of Erie County Court, Drury, J. — Attempted Sodomy, 1st Degree.) Present — Pigott, Jr., P. J., Green, Wisner, Kehoe and Burns, JJ.