People v Gipson
2019 NY Slip Op 02112 [170 AD3d 1037]
March 20, 2019
Appellate Division, Second Department
As corrected through Wednesday, May 1, 2019


[*1]
 The People of the State of New York,Respondent,
v
David Gipson, 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.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T.McLoughlin, J.), rendered September 1, 2017, convicting him of burglary in the third degree (twocounts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waivedhis right to appeal (see People vSanders, 25 NY3d 337, 339-342 [2015]; People v Lopez, 6 NY3d 248, 256-257 [2006]). The defendant'svalid waiver of his right to appeal precludes appellate review of his contention that the sentenceimposed was excessive (see People v Lopez, 6 NY3d at 255-256). Dillon, J.P.,Chambers, Brathwaite Nelson and Christopher, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.