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PEOPLE v. BELTRE

23 A.D.3d 300 (2005)

805 N.Y.S.2d 305

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STACY BELTRE, Also Known as STEICY BELTRE, Appellant.

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

November 22, 2005.

By waiving his right to appeal, defendant "elect[ed] to foreclose review" (People v Seaberg, 74 N.Y.2d 1, 10 [1989]; People v Callahan, 80 N.Y.2d 273, 285 [1992]) of the length of his lawful sentence. Were we to find that defendant's argument is not foreclosed, we would find that defendant is not entitled, pursuant to the amelioration doctrine...

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