People v. Lewis
| Decision Date | 25 May 2010 |
| Parties | The PEOPLE, etc., respondent, v. Gloria LEWIS, appellant. |
| Court | New York Supreme Court — Appellate Division |
73 A.D.3d 1212
The PEOPLE, etc., respondent,
v.
Gloria LEWIS, appellant.
Supreme Court, Appellate Division, Second Department, New York.
May 25, 2010.
Michael A. Fiechter, Bellmore, N.Y., for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Laurie K. Gibbons of counsel; Matthew C. Frankel on the brief), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Gulotta, J.), rendered March 26, 2009, convicting her of criminal sale of a controlled substance in the third degree, grand larceny in the fourth degree, petit larceny, and criminal possession of a controlled substance in the seventh degree, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contentions regarding certain provisions of the plea agreement between her and the People are unpreserved for appellate review, as the defendant neither challenged those provisions in the County Court nor moved to withdraw her guilty plea ( see People v. Jones, 12 A.D.3d 315, 784 N.Y.S.2d 866; People v. Baez, 216 A.D.2d 121, 628 N.Y.S.2d 642; People v. Torres, 134 A.D.2d 383, 520 N.Y.S.2d 724). In any event, those contentions are without merit ( cf. People v. Jenkins, 11 N.Y.3d 282, 869 N.Y.S.2d 370, 898 N.E.2d 553).
The defendant's valid waiver of her right to appeal precludes review of her claim that the sentence was excessive ( see People v. Lococo, 92 N.Y.2d 825, 677 N.Y.S.2d 57, 699 N.E.2d 416; People v. Hidalgo, 91 N.Y.2d 733, 675 N.Y.S.2d 327, 698 N.E.2d 46; People v. Ricketts, 27 A.D.3d 488, 489, 811 N.Y.S.2d 103; People v. Greene, 13 A.D.3d 647, 648, 787 N.Y.S.2d 127; People v. Miles, 268 A.D.2d 489, 490, 703 N.Y.S.2d 491).
PRUDENTI, P.J., ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.
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