People v JONES (NYISHA)

[*1] People v JONES (NYISHA) 2005 NY Slip Op 50063(U) Decided on January 26, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 26, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, J.P., ANGIOLILLO and COVELLO, JJ.
2003-1249 W CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

NYISHA JONES, Appellant.

Appeal by defendant from judgments of the City Court of Mount Vernon, Westchester County (B. Dowery-Rodriguez, J.), rendered on August 8, 2003, convicting her, upon her pleas of guilty, of three charges of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03) and imposing sentence.

Judgments of conviction unanimously affirmed.

Defendant knowingly, intelligently and voluntarily waived the right to appellate review of the sentences negotiated as part of her plea bargain, thereby precluding review thereof (see People v Stamatelos, 8 AD3d 591 [2004]; People v Aveni, 7 AD3d 632 [2004]). Accordingly, the judgments of conviction are affirmed (see People v Seaberg, 74 NY2d 1 [1989]; see also People v Hidalgo, 91 NY2d 733 [1998]; People v Allen, 82 NY2d 761 [1993]). In any event, the sentences imposed, amounting to two years' incarceration upon three charges of criminal possession of a controlled substance, are not excessive given the extent of defendant's record and lack of compliance with the court's directives.
Decision Date: January 26, 2005