People v. Gladkowski

Appellate Division of the Supreme Court of New York

People v. Gladkowski

244 A.D.2d 570, 665 N.Y.S.2d 89, 1997 N.Y. App. Div. LEXIS 11827

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

DecidedNovember 24, 1997

StatusPublished

Cited by1 cases

This text of 244 A.D.2d 570 (People v. Gladkowski) 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. Gladkowski, 244 A.D.2d 570, 665 N.Y.S.2d 89, 1997 N.Y. App. Div. LEXIS 11827 (N.Y. Ct. App. 1997).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered June 4, 1996, convicting her of criminal possession of a controlled substance in the second degree, upon her plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived her right to appeal her conviction and sentence as part of the negotiated plea of guilty (see, People v Callahan, 80 NY2d 273; People v Hayes, 229 AD2d 596). Thus, the defendant is precluded from claiming that the sentence imposed was excessive (see, People v Callahan, supra; People v Hayes, supra).

The defendant’s allegation that the Department of Correctional Services erred in denying her application for temporary work release may not be raised on the direct appeal from the judgment (see, People v Fornal, 221 AD2d 361; People v Curtis, 143 AD2d 1030). Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered June 4, 1996, convicting her of criminal possession of a controlled substance in the second degree, upon her plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived her right to appeal her conviction and sentence as part of the negotiated plea of guilty (see, People v Callahan, 80 NY2d 273; People v Hayes, 229 AD2d 596). Thus, the defendant is precluded from claiming that the sentence imposed was excessive (see, People v Callahan, supra; People v Hayes, supra).

The defendant’s allegation that the Department of Correctional Services erred in denying her application for temporary work release may not be raised on the direct appeal from the judgment (see, People v Fornal, 221 AD2d 361; People v Curtis, 143 AD2d 1030). Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.

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Bluebook (online)

244 A.D.2d 570, 665 N.Y.S.2d 89, 1997 N.Y. App. Div. LEXIS 11827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gladkowski-nyappdiv-1997.

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