People v. Ferrufino
This text of 33 A.D.3d 623 (People v. Ferrufino) 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.
Opinion
Appeal by the defendant from a resentence of the County Court, Suffolk County (Weber, J.), imposed November 3, 2004, upon a judgment convicting him of manslaughter in the first degree, rendered August 11, 2004, upon his plea of guilty.
Ordered that the resentence is affirmed.
The defendant’s contentions that he was denied the effective assistance of counsel at the plea and the original sentence, and that his guilty plea was not voluntarily, knowingly, and intelligently entered are not reviewable by this Court because his appeal is only from the resentence (see CPL 450.30 [3]; People v DeSpirito, 27 AD3d 479 [2006]; People v Coble, 17 AD3d 1165 [2005]; People v Luddington, 5 AD3d 1042 [2004]).
Moreover, the resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant’s remaining contention is without merit. Miller, J.E, Luciano, Rivera and Spolzino, JJ., concur.
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Cite This Page — Counsel Stack
33 A.D.3d 623, 821 N.Y.S.2d 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ferrufino-nyappdiv-2006.