People v. Ayala

Appellate Division of the Supreme Court of New York

People v. Ayala

298 A.D.2d 105, 747 N.Y.S.2d 372, 2002 N.Y. App. Div. LEXIS 9167

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 1, 2002

StatusPublished

Cited by1 cases

This text of 298 A.D.2d 105 (People v. Ayala) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Ayala, 298 A.D.2d 105, 747 N.Y.S.2d 372, 2002 N.Y. App. Div. LEXIS 9167 (N.Y. Ct. App. 2002).

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Opinion

Judgment, Supreme Court, Bronx County (Michael Sonberg, J., at plea; John Collins, J., at sentence), rendered March 2, 2000, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s valid waiver of his right to appeal (see People v Moissett, 76 NY2d 909) forecloses appellate review of his claim that prior to imposing sentence the court should have conducted an inquiry into the reasons for his admitted relapse into drug use and his failure to complete a drug program, the successful completion of which would have made him eligible for a more [106]*106favorable disposition (see People v Turner, 287 AD2d 351, lv denied 97 NY2d 734). In any event, reaching the merits, defendant’s claim is unavailing. Concur — Williams, P.J., Mazzarelli, Sullivan, Rosenberger and Gonzalez, JJ.

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Judgment, Supreme Court, Bronx County (Michael Sonberg, J., at plea; John Collins, J., at sentence), rendered March 2, 2000, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s valid waiver of his right to appeal (see People v Moissett, 76 NY2d 909) forecloses appellate review of his claim that prior to imposing sentence the court should have conducted an inquiry into the reasons for his admitted relapse into drug use and his failure to complete a drug program, the successful completion of which would have made him eligible for a more [106]*106favorable disposition (see People v Turner, 287 AD2d 351, lv denied 97 NY2d 734). In any event, reaching the merits, defendant’s claim is unavailing. Concur — Williams, P.J., Mazzarelli, Sullivan, Rosenberger and Gonzalez, JJ.

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Bluebook (online)

298 A.D.2d 105, 747 N.Y.S.2d 372, 2002 N.Y. App. Div. LEXIS 9167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ayala-nyappdiv-2002.

Opinion

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