People v. Pittman

People v Pittman (2019 NY Slip Op 07797) People v Pittman 2019 NY Slip Op 07797 Decided on October 30, 2019 Appellate Division, Second Department 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 October 30, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department LEONARD B. AUSTIN, J.P. SHERI S. ROMAN BETSY BARROS FRANCESCA E. CONNOLLY, JJ. 2017-11215 (Ind. No. 110/17) [*1]The People of the State of New York, respondent, v Greggory Pittman, also known as "Biggie," also known as Gregory Pittman, appellant. Thomas N. N. Angell, Poughkeepsie, NY (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered October 4, 2017, 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 record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 341-342; People v Lopez, 6 NY3d 248, 256-257). The defendant's valid waiver of his right to appeal forecloses review of his challenge to the factual sufficiency of his plea allocution (see People v Griffin, 167 AD3d 934; People v Hutter, 154 AD3d 776; People v Thompson, 143 AD3d 1007, 1008). AUSTIN, J.P., ROMAN, BARROS and CONNOLLY, JJ., concur. ENTER: Aprilanne Agostino Clerk of the Court