Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. David Mitchell, Appellant

293 A.D.2d 305739 N.Y.S.2d 573·New York Supreme Court, Appellate Division·2002·NY

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Opinion

The People of the State of New York, Respondent, v David Mitchell, Appellant. [739 NYS2d 573] [MAJORITY] Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered November 4, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed. The record of the plea proceedings establishes that defendant’s waiver of his right to appeal encompassed the issues he now seeks to raise (see, People v Kemp, 94 NY2d 831), which are unavailing in any event. There is no basis upon which to find the waiver invalid. We perceive no basis for a reduction of sentence. Concur— Nardelli, J.P., Mazzarelli, Andrias, Rosenberger and Friedman, JJ.