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PEOPLE v. CHERRY

278 A.D.2d 865 (2000)

718 N.Y.S.2d 691

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID CHERRY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 27, 2000.

Judgment unanimously affirmed.

Memorandum:

We reject defendant's contention that Supreme Court abdicated its sentencing discretion to the victims. Contrary to the contention of defendant, the record establishes that his waiver of the right to appeal was knowing, voluntary and intelligent (see, People v Kemp, 94 N.Y.2d 831, 833). That waiver encompasses defendant's challenge to the severity of the sentence (see...

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