People v. Lamoni

Appellate Division of the Supreme Court of New York

People v. Lamoni

230 A.D.2d 628, 645 N.Y.S.2d 480, 1996 N.Y. App. Div. LEXIS 8334

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

DecidedAugust 8, 1996

StatusPublished

Cited by5 cases

This text of 230 A.D.2d 628 (People v. Lamoni) 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. Lamoni, 230 A.D.2d 628, 645 N.Y.S.2d 480, 1996 N.Y. App. Div. LEXIS 8334 (N.Y. Ct. App. 1996).

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Opinion

—Judgment, Supreme Court, Bronx [629]*629County (Alexander Hunter, J., at plea; Joseph Cohen, J., at sentence), convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 31/s to 10 years, unanimously affirmed.

Since defendant made no motion to withdraw his plea, his present contention that the court improperly enhanced the sentence promised at the time of the plea is unpreserved (People v Gonzalez, 161 AD2d 469), and we decline to review it in the interest of justice. Defendant’s waiver of indictment and superior court information, constituting a single document, satisfied the requirements of CPL 195.20. We perceive no abuse of sentencing discretion.

Concur — Sullivan, J. P., Ellerin, Kupferman, Williams and Mazzarelli, JJ.

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—Judgment, Supreme Court, Bronx [629]*629County (Alexander Hunter, J., at plea; Joseph Cohen, J., at sentence), convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 31/s to 10 years, unanimously affirmed.

Since defendant made no motion to withdraw his plea, his present contention that the court improperly enhanced the sentence promised at the time of the plea is unpreserved (People v Gonzalez, 161 AD2d 469), and we decline to review it in the interest of justice. Defendant’s waiver of indictment and superior court information, constituting a single document, satisfied the requirements of CPL 195.20. We perceive no abuse of sentencing discretion.

Concur — Sullivan, J. P., Ellerin, Kupferman, Williams and Mazzarelli, JJ.

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Bluebook (online)

230 A.D.2d 628, 645 N.Y.S.2d 480, 1996 N.Y. App. Div. LEXIS 8334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lamoni-nyappdiv-1996.

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