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PEOPLE v. McCLENNON

5664. 2511/15.

158 A.D.3d 475 (2018)

68 N.Y.S.3d 327

2018 NY Slip Op 00914

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK McCLENNON, Appellant.

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

Decided February 8, 2018.

Defendant made a valid waiver of his right to appeal, which forecloses his right to challenge his sentence as excessive (see People v Bryant, 28 N.Y.3d 1094 [2016]). Regardless of whether defendant validly waived his right to appeal, we find no basis for running his mandatory minimum sentence nunc pro tunc to May 1, 2014, which is the only relief requested on appeal. Defendant's argument that the court "reneged" on its original promise...

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