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The People of the State of New York v. Daniel Leak

New York Supreme and/or Appellate Courts Appellate Division, First Department


January 3, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
DANIEL LEAK,
DEFENDANT-APPELLANT.

People v Leak

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 3, 2012

Gonzalez, P.J., Andrias, DeGrasse, Richter, Abdus-Salaam, JJ.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered October 19, 2007, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and conspiracy in the second degree, and sentencing him to a prison term of five years, plus five years postrelease supervision on the possession count, and an indeterminate prison term of from two to six years on the conspiracy count, to run concurrently, unanimously affirmed.

Defendant's waiver of his right to appeal was effective. "Even if there were any ambiguity in the sentencing court's colloquy, defendant executed a detailed written waiver" (People v Ramos, 7 NY3d 737 [2006]). The written waiver stated that defendant had the right to appeal and confirmed that defense counsel fully advised him of this right to take an appeal under the laws of the State of New York. The record, therefore, establishes that defendant knowingly, intelligently and voluntarily waived his right to appeal. In any event, defendant's sentence was not excessive.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 3, 2012

CLERK

20120103

© 1992-2012 VersusLaw Inc.



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