People v. Gregory

Appellate Division of the Supreme Court of New York

People v. Gregory

121 A.D.3d 573, 993 N.Y.S.2d 907

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

DecidedOctober 23, 2014

Docket13278 3790/10

StatusPublished

This text of 121 A.D.3d 573 (People v. Gregory) 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. Gregory, 121 A.D.3d 573, 993 N.Y.S.2d 907 (N.Y. Ct. App. 2014).

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Opinion

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered September 27, 2011, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of two years, with three years’ postrelease supervision, unanimously affirmed.

The record establishes that defendant made a valid waiver of his right to appeal. Accordingly, this waiver forecloses review of defendant’s suppression and excessive sentence claims.

Regardless of whether defendant made a valid waiver of his right to appeal, we conclude, based on our review of the relevant confidential search warrant documents and minutes, that the warrant was lawfully issued, and we perceive no basis for reducing the period of postrelease supervision.

Concur — Friedman, J.E, Sweeny, Acosta, Saxe and Manzanet-Daniels, JJ.

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Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered September 27, 2011, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of two years, with three years’ postrelease supervision, unanimously affirmed.

The record establishes that defendant made a valid waiver of his right to appeal. Accordingly, this waiver forecloses review of defendant’s suppression and excessive sentence claims.

Regardless of whether defendant made a valid waiver of his right to appeal, we conclude, based on our review of the relevant confidential search warrant documents and minutes, that the warrant was lawfully issued, and we perceive no basis for reducing the period of postrelease supervision.

Concur — Friedman, J.E, Sweeny, Acosta, Saxe and Manzanet-Daniels, JJ.

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Bluebook (online)

121 A.D.3d 573, 993 N.Y.S.2d 907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gregory-nyappdiv-2014.