People v. Brown — 224 A.D.2d 437

Majority

p. 437

The People of the State of New York, Respondent, v Jessie Joe Brown, Appellant.

[637 NYS2d 761]

—Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered November 1, 1993, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant received his agreed-upon sentence, and may not now complain of its excessiveness (see, People v Kazepis, 101 AD2d 816 ). The defendant’s challenges to the restitution provision of his sentence are unpreserved for appellate review

p. 438

(see, CPL 470.05 [2]) and, in any event, without merit considering that the restitution ordered was a condition of the defendant’s plea of guilty (see, e.g., People v Lugo, 191 AD2d 648 ; People v Moore, 176 AD2d 968 ; cf, People v Cisco, 208 AD2d 643 ).

Appellate review of the remaining issue raised by the defendant was effectively waived by him as part of his plea agreement (see, People v Callahan, 80 NY2d 273 ; People v Seaberg, 74 NY2d 1 ). Rosenblatt, J. P., O’Brien, Pizzuto and Goldstein, JJ., concur.

Cases cited

People v. Callahan 80 NY2d 273 N.Y. 1992-10-27 p. 438
People v. Seaberg 74 NY2d 1 N.Y. 1989-06-15 p. 438