People v. Baer
This text of 68 A.D.3d 1011 (People v. Baer) 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.
Opinion
The defendant’s waiver of his right to appeal was knowing, voluntary, and intelligent (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Seaberg, 74 NY2d 1, 11 [1989]), and it forecloses appellate review of the defendant’s claim that the sentence imposed was excessive (see People v Cenname, 66 AD3d 795 [2009]; People v Hairston, 53 AD3d 669 [2008]). We note that the defendant was sentenced as a second felony drug offender, a status he does not challenge, and that the court merely misspoke at sentencing when it stated that the defendant was a second violent felony offender. Fisher, J.E, Santucci, Dickerson, Chambers and Lott, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
68 A.D.3d 1011, 889 N.Y.2d 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-baer-nyappdiv-2009.