What did the court decide?

The Appellate Division affirmed the conviction and the sentence because the sentence was within the plea agreement and the defendant had validly waived his right to appeal.

Who is affected by this decision?

Defendant Nsikak K. Okure is affected; the decision leaves his conviction and prison sentence in place.

Can the defendant still challenge the sentence on appeal?

Not on the basis the defendant raised here, because he validly waived his appellate rights as part of the plea agreement, which bars review of the bargained-for sentence.

What were the sentences imposed?

The court imposed concurrent prison terms amounting to 8 to 24 years for aggravated vehicular homicide and a concurrent 2⅓ to 7 years for leaving the scene.

People v. Okure

Docket CR-23-1360

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealAffirmed

Filed: Apr 16, 2026 · 2 weeks ago
Jurisdiction: New York
Court: Appellate Division of the Supreme Court of the State of New York
Type: Opinion
Case type: Criminal Appeal
Disposition: Affirmed
Citation: 2026 NY Slip Op 02302
Docket: CR-23-1360

Appeal from a judgment of conviction following a guilty plea to aggravated vehicular homicide and leaving the scene of an incident without reporting

Summary

The Appellate Division, Third Department affirmed defendant Nsikak K. Okure’s conviction and sentence after he pleaded guilty to aggravated vehicular homicide and leaving the scene of an incident without reporting. Okure entered a plea agreement specifying concurrent prison terms (no less than 7–21 to no more than 8–24 years for the homicide count and 2⅓–7 years concurrent for leaving the scene) and waived his right to appeal. The court rejected his sole claim—that the within-agreement sentence was harsh—holding that his valid, unchallenged appeal waiver bars review of that challenge.

Issues Decided

Whether the within-plea bargain sentence was harsh or excessive
Whether a valid appeal waiver precludes appellate review of a challenge to a bargained-for sentence

Court's Reasoning

The court noted the sentence fell within the terms of the plea agreement. Because the defendant knowingly and validly waived appellate rights, the court applied precedent holding that such waivers bar review of sentencing claims tied to the plea. Consequently, the court declined to entertain the defendant's claim that the agreed sentence was excessive and affirmed the judgment.

Authorities Cited

People v Lopez6 NY3d 248 (2006)
People v Sealey234 AD3d 1184 (3d Dept 2025)
People v Anderson177 AD3d 1031 (3d Dept 2019)

Parties

Appellant: Nsikak K. Okure
Respondent: The People of the State of New York
Attorney: Yorden C. Huban, Public Defender (James A. Bartosik Jr. of counsel)
Attorney: Lee C. Kindlon, District Attorney (Caroline B. McCaffrey of counsel)
Judge: Andra Ackerman
Judge: Clark, J.P.
Judge: Ceresia, J.
Judge: McShan, J.
Judge: Mackey, J.
Judge: Ryba, J.

Key Dates

Incident date: 2022-09-14
Judgment rendered: 2023-04-26
Calendar date (argument): 2026-03-20
Decision date: 2026-04-16

What You Should Do Next

1
Consult counsel about post-conviction options
Discuss with an attorney whether any collateral challenges (such as ineffective assistance of counsel or a motion to withdraw the plea) might be available despite the appeal waiver.
2
Confirm surrender and incarceration logistics
If not already in custody per the sentence, coordinate with counsel and the sentencing court to confirm reporting dates or designation to a facility.
3
Consider filing a CPL 440.10 motion
If there are grounds such as newly discovered evidence or constitutional issues not waived by the plea, counsel can evaluate whether a post-conviction motion is appropriate.

Frequently Asked Questions

What did the court decide?: The Appellate Division affirmed the conviction and the sentence because the sentence was within the plea agreement and the defendant had validly waived his right to appeal.
Who is affected by this decision?: Defendant Nsikak K. Okure is affected; the decision leaves his conviction and prison sentence in place.
Can the defendant still challenge the sentence on appeal?: Not on the basis the defendant raised here, because he validly waived his appellate rights as part of the plea agreement, which bars review of the bargained-for sentence.
What were the sentences imposed?: The court imposed concurrent prison terms amounting to 8 to 24 years for aggravated vehicular homicide and a concurrent 2⅓ to 7 years for leaving the scene.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

People v Okure - 2026 NY Slip Op 02302

People v Okure

2026 NY Slip Op 02302

April 16, 2026

Appellate Division, Third Department

The People of the State of New York, Respondent,

Nsikak K. Okure, Appellant.

Decided and Entered:April 16, 2026

CR-23-1360

Calendar Date: March 20, 2026

Before: Clark, J.P., Ceresia, Mcshan, Mackey And Ryba, JJ.

Yorden C. Huban, Public Defender, Albany (James A. Bartosik Jr. of counsel), for appellant.

Lee C. Kindlon, District Attorney, Albany (Caroline B. McCaffrey of counsel), for respondent.

Appeal from a judgment of the County Court of Albany County (Andra Ackerman, J.), rendered April 26, 2023, convicting defendant upon his plea of guilty of the crimes of aggravated vehicular homicide and leaving the scene of an incident without reporting.

Defendant was charged in an 11-count indictment with various offenses arising from a September 14, 2022 incident in which he drove his vehicle while intoxicated and, as is relevant here, fatally struck a pedestrian in the City of Albany and left the scene without contacting authorities. In satisfaction of the indictment, defendant pleaded guilty to aggravated vehicular homicide and leaving the scene of an incident without reporting upon the understanding that he would receive a prison sentence of no less than 7 to 21 years and no more than 8 to 24 years on the aggravated vehicular homicide conviction and a concurrent prison sentence of 2⅓ to 7 years on the leaving the scene conviction. The plea agreement also contemplated that defendant would waive his right to appeal. County Court thereafter imposed concurrent sentences that amounted to 8 to 24 years in prison. Defendant appeals.

We affirm. Defendant's sole contention on appeal is that the sentence, which fell within the confines of the plea bargain, is harsh and excessive. However, defendant's unchallenged and valid appeal waiver precludes this argument (
see People v Lopez
, 6 NY3d 248, 255 [2006];
People v Sealey
, 234 AD3d 1184, 1185 [3d Dept 2025];
People v Anderson
, 177 AD3d 1031, 1032 [3d Dept 2019]).

Clark, J.P., Ceresia, McShan, Mackey and Ryba, JJ., concur.

ORDERED that the judgment is affirmed.