People v. Martinez

198 A.D.2d 197, 605 N.Y.S.2d 852, 1993 N.Y. App. Div. LEXIS 11147

Opinion

—Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered January 29, 1991, convicting defendant, upon his guilty plea, of Criminal Possession of a Controlled Substance in the Second Degree (Penal Law § 220.18) and Conspiracy in the Second Degree (Penal Law § 105.15) and sentencing him to consecutive indeterminate terms of eight and one-third years to life on the possession count and from two and two-thirds to eight years on the conspiracy count, unanimously affirmed.

The defendant after proper colloquy waived his right to appeal. It was voluntary, knowing and intelligent (see, People v Seaberg, 74 NY2d 1; see also, People v Callahan, 80 NY2d 273).

The sentencing court properly imposed consecutive sentences; the crimes committed here involved separate acts committed with the requisite criminal intent (see, People v Day, 73 NY2d 208, 212; see also, People ex rel. Gallo v Warden, 32 AD2d 1051). Concur — Sullivan, J. P., Ellerin, Ross and Nardelli, JJ.