People v. Bresciano

Appellate Division of the Supreme Court of New York

People v. Bresciano

165 A.D.2d 815

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 10, 1990

StatusPublished

Cited by4 cases

This text of 165 A.D.2d 815 (People v. Bresciano) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bresciano, 165 A.D.2d 815 (N.Y. Ct. App. 1990).

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Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Belli, J.), rendered December 2, 1988, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Having previously failed to seek to withdraw his plea of guilty, the defendant may not now, on appeal, attempt to do so for the first time (see, People v Pellegrino, 60 NY2d 636). In any event, we find that the plea was knowingly, intelligently, and voluntarily offered (see, People v Harris, 61 NY2d 9) during an allocution in which the defendant admitted his guilt to the instant burglary. Moreover, the restitution imposed by the court was consented to by the defendant and was in satisfaction of other criminal charges (Penal Law § 60.27 [4]). Finally, the sentence imposed, which was the minimum allow[816]*816able under the circumstances, was agreed upon by the defendant as part of his plea and thus may not be challenged as excessive (People v Kazepis, 101 AD2d 816).

Bracken, J. P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Nassau County (Belli, J.), rendered December 2, 1988, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Having previously failed to seek to withdraw his plea of guilty, the defendant may not now, on appeal, attempt to do so for the first time (see, People v Pellegrino, 60 NY2d 636). In any event, we find that the plea was knowingly, intelligently, and voluntarily offered (see, People v Harris, 61 NY2d 9) during an allocution in which the defendant admitted his guilt to the instant burglary. Moreover, the restitution imposed by the court was consented to by the defendant and was in satisfaction of other criminal charges (Penal Law § 60.27 [4]). Finally, the sentence imposed, which was the minimum allow[816]*816able under the circumstances, was agreed upon by the defendant as part of his plea and thus may not be challenged as excessive (People v Kazepis, 101 AD2d 816).

Bracken, J. P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.

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Bluebook (online)

165 A.D.2d 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bresciano-nyappdiv-1990.

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