People v. Green

247 A.D.2d 284, 668 N.Y.S.2d 454, 1998 N.Y. App. Div. LEXIS 1546

Opinion

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered September 5, 1996, convicting defendant, upon his plea of guilty, of burglary in the second degree, and sentencing him, as a second felony offender, to a prison term of 9 years, unanimously affirmed.

Defendant’s waiver of his right to appeal bars review of his claim that his sentence is excessive (People v Frazier, 228 AD2d 171, 172, lv denied 89 NY2d 922; People v Seaberg, 74 NY2d 1). However, contrary to the People’s suggestion, the appeal should not be dismissed (People v Callahan, 80 NY2d 273, 283-285). In any event, we perceive no abuse of sentencing discretion.

Concur — Sullivan, J. P., Wallach, Williams and Tom, JJ.