People v. Santilli

Appellate Division of the Supreme Court of New York

People v. Santilli

16 A.D.3d 1056, 790 N.Y.S.2d 898, 2005 N.Y. App. Div. LEXIS 2801

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

DecidedMarch 18, 2005

StatusPublished

Cited by5 cases

This text of 16 A.D.3d 1056 (People v. Santilli) 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. Santilli, 16 A.D.3d 1056, 790 N.Y.S.2d 898, 2005 N.Y. App. Div. LEXIS 2801 (N.Y. Ct. App. 2005).

Pincite

Opinion

— Appeal from a judgment of the Seneca County Court (Dennis F. Bender, J.), rendered October 7, 2003. The judgment convicted defendant, upon her plea of guilty, of criminal possession of a controlled substance in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting her of criminal possession of a controlled substance in the second [1057]*1057degree (Penal Law § 220.18 [2]), defendant contends that the sentence of incarceration of 3x/2 years to life constitutes cruel and unusual punishment. We conclude that the contention of defendant does not survive her valid waiver of the right to appeal (see People v Hidalgo, 283 AD2d 154 [2001], lv denied 96 NY2d 902 [2001]; People v Brathwaite, 263 AD2d 89, 92 [2000]) and, in any event, that contention is not preserved for our review (see People v Ingram, 67 NY2d 897, 899 [1986]; People v Cato, 291 AD2d 905 [2002], lv denied 98 NY2d 649 [2002]). Present—Pigott, Jr., P.J., Hurlbutt, Gorski, Pine and Hayes, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Appeal from a judgment of the Seneca County Court (Dennis F. Bender, J.), rendered October 7, 2003. The judgment convicted defendant, upon her plea of guilty, of criminal possession of a controlled substance in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting her of criminal possession of a controlled substance in the second [1057]*1057degree (Penal Law § 220.18 [2]), defendant contends that the sentence of incarceration of 3x/2 years to life constitutes cruel and unusual punishment. We conclude that the contention of defendant does not survive her valid waiver of the right to appeal (see People v Hidalgo, 283 AD2d 154 [2001], lv denied 96 NY2d 902 [2001]; People v Brathwaite, 263 AD2d 89, 92 [2000]) and, in any event, that contention is not preserved for our review (see People v Ingram, 67 NY2d 897, 899 [1986]; People v Cato, 291 AD2d 905 [2002], lv denied 98 NY2d 649 [2002]). Present—Pigott, Jr., P.J., Hurlbutt, Gorski, Pine and Hayes, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

16 A.D.3d 1056, 790 N.Y.S.2d 898, 2005 N.Y. App. Div. LEXIS 2801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-santilli-nyappdiv-2005.

Opinion

Related

Cite This Page — Counsel Stack