Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

The People of The State of New York v. Gammen Knight

New York v. Gammen Knight

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Sandra M. Colatosti, Albany, for appellant.Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), for respondent.Appeal from a judgment of the County Court of Schenectady County (Sypniewski, J.), rendered March 15, 2016, convicting defendant upon his plea of guilty of the crimes of manslaughter in the first degree and criminal sale of a firearm in the third degree.Defendant pleaded guilty to manslaughter in the first degree and criminal sale of a firearm in the third degree with the understanding that he would be sentenced, as a second violent felony offender, to an aggregate prison sentence of 28 years, to be followed by five years of postrelease supervision. Pursuant to the plea agreement, defendant agreed to waive his right to appeal and to pay restitution in the amount of $8,400. County Court thereafter imposed the agreed-upon sentence and ordered defendant to pay $8,400 in restitution. Defendant now appeals.We affirm. Defendant’s claim that his sentence is harsh and excessive is precluded by his unchallenged appeal waiver (see People v Lopez, 6 NY3d 248, 255-256 [2006]; People v Chapman, 160 AD3d 1211, 1211 [2018]; People v Booker, 159 AD3d 1221, 1222 [2018]). Further, inasmuch as the record establishes that the terms of the plea agreement included restitution in the amount of $8,400, and defendant did not request a hearing or otherwise contest the amount ordered, his contention that the amount is not supported by the record is both precluded by his appeal waiver and unpreserved for our review (see People v Grumberg, 153 AD3d 1525, 1527 [2017]; People v Adams, 153 AD3d 1449, 1451 [2017]).Devine, J.P., Mulvey, Aarons, Rumsey and Pritzker, JJ., concur.ORDERED that the judgment is affirmed.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
The American Lawyer Industry Awards 2024
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
Women Leaders in Consulting (WLC) 2024
November 14, 2024
New York, NY

Women Leaders in Consulting Awards honors the industry standouts and rising stars who are making a mark within the profession.


Learn More
General Counsel Conference East 2024
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Go to Events Go to Webcasts
Assistant Town Attorney

General Statement of DutiesPerforms legal work involving full litigation of all types of matters both for and against the Town, including al...


Apply Now ›
FINANCE & REAL ESTATE ATTORNEY - Connecticut Preferred; Remote will be considered

Shipman & Goodwin LLP is seeking a attorney to expand our national commercial real estate lending practice. Candidates should have a mi...


Apply Now ›
Health Law Associate CT

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›
Go to Lawjobs