Contracts · MBE-tested
The People of the State of New York, Respondent, v. Scott Luke, Appellant
281 A.D.2d 947725 N.Y.S.2d 153·New York Supreme Court, Appellate Division·2001·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
The People of the State of New York, Respondent, v Scott Luke, Appellant.
[725 NYS2d 153]
[MAJORITY]
Judgment unanimously affirmed. Memorandum: In stating on the record that defendant “should serve a long time and not be released to parole until it’s absolutely mandatory,” the sentencing court did not depart from the plea bargain or in effect impose a determinate term of nine years. Thus, contrary to defendant’s contention, the indeterminate term of incarceration of 4V2 to 9 years imposed by County Court is legal (see, Penal Law § 70.04 [former (3), (4)]). Defendant’s waiver of the right to appeal, which is valid and all-encompassing on its face (see generally, People v Kemp, 94 NY2d 831, 833), bars consideration of defendant’s challenge to the severity of the sentence (see, People v Lococo, 92 NY2d 825, 827; People v Hidalgo, 91 NY2d 733, 737). (Appeal from Judgment of Erie County Court, Drury, J. — Attempted Sodomy, 1st Degree.) Present — Pigott, Jr., P. J., Green, Wisner, Kehoe and Burns, JJ.