People v. Gordon

Decision Date10 November 2011
Citation932 N.Y.S.2d 410,2011 N.Y. Slip Op. 08042,89 A.D.3d 1466
PartiesThe PEOPLE of the State of New York, Respondent,v.Ronnie GORDON, Defendant–Appellant.
CourtNew York Supreme Court — Appellate Division

OPINION TEXT STARTS HEREAppeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered March 15, 2010. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree (three counts).Peter J. Digiorgio, Jr., Utica, for defendantappellant.Scott D. Mcnamara, District Attorney, Utica (Steven G. Cox of Counsel), for respondent.MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of three counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1] ). We reject defendant's contention that his waiver of the right to appeal is invalid. “The written waiver of the right to appeal, together with defendant's responses during the plea proceeding, establish that the waiver was voluntarily, knowingly, and intelligently entered” ( People v. Griner, 50 A.D.3d 1557, 1558, 855 N.Y.S.2d 800, lv. denied 11 N.Y.3d 737, 864 N.Y.S.2d 395, 894 N.E.2d 659). That valid waiver of the right to appeal encompasses defendant's challenge to the factual sufficiency of the plea allocution ( see People v. Grimes, 53 A.D.3d 1055, 1056, 860 N.Y.S.2d 723, lv. denied 11 N.Y.3d 789, 866 N.Y.S.2d 615, 896 N.E.2d 101), his challenge to the severity of the sentence ( see People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46), and the alleged denial by County Court of his right to proceed pro se ( see People v. Shields, 205 A.D.2d 833, 834, 613 N.Y.S.2d 281).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

CENTRA, J.P., FAHEY, PERADOTTO, GREEN, and GORSKI, JJ., concur.

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  • People v. Stachnik
    • United States
    • New York Supreme Court — Appellate Division
    • December 21, 2012
    ...N.Y.3d 961, 950 N.Y.S.2d 113, 973 N.E.2d 211;see Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Gordon, 89 A.D.3d 1466, 1466, 932 N.Y.S.2d 410,lv. denied18 N.Y.3d 957, 944 N.Y.S.2d 486, 967 N.E.2d 711). The bargained-for sentence in appeal No. 1 is not unduly harsh ......
  • People v. Rohadfox
    • United States
    • New York Supreme Court — Appellate Division
    • September 27, 2019
    ...by the valid waiver of the right to appeal (see Richardson , 173 A.D.3d at 1860, 104 N.Y.S.3d 478 ; People v. Gordon , 89 A.D.3d 1466, 1466, 932 N.Y.S.2d 410 [4th Dept. 2011], lv denied 18 N.Y.3d 957, 944 N.Y.S.2d 486, 967 N.E.2d 711 [2012] ; Doyle , 82 A.D.3d at 564, 918 N.Y.S.2d 482 ).Def......
  • People v. Ackridge
    • United States
    • New York Supreme Court — Appellate Division
    • October 31, 2018
    ...(see People v. Atkins , 157 A.D.3d 899, 66 N.Y.S.3d 915 ; People v. Amay , 156 A.D.3d 895, 65 N.Y.S.3d 804 ; see also People v. Gordon , 89 A.D.3d 1466, 932 N.Y.S.2d 410 ; People v. Pump , 67 A.D.3d 1041, 889 N.Y.S.2d 105 ). CHAMBERS, J.P., AUSTIN, COHEN and DUFFY, JJ., ...
  • People v. Cruz
    • United States
    • New York Supreme Court — Appellate Division
    • November 10, 2011
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