People v. Lango

Appellate Division of the Supreme Court of New York

People v. Lango

138 A.D.3d 412, 27 N.Y.S.3d 861

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

DecidedApril 5, 2016

Docket3447/00 707 706

StatusPublished

This text of 138 A.D.3d 412 (People v. Lango) 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. Lango, 138 A.D.3d 412, 27 N.Y.S.3d 861 (N.Y. Ct. App. 2016).

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Opinion

*413 Judgment of resentence, Supreme Court, New York County (Patricia Nunez, J.), rendered September 13, 2012, as amended September 14, 2012, resentencing defendant to concurrent terms of 25 years to life and 25 years, without any period of postrelease supervision, unanimously affirmed.

Defendant’s current appeal “from a resentence following an order vacating the original sentence” (CPL 450.30 [3]) does not bring up for review his present challenge to the voluntariness of his guilty plea (see CPL 450.30 [1]; People v Jordan, 16 NY3d 845, 846 [2011]). In any event, that challenge is without merit, because at the time of his plea, defendant was clearly advised that his aggregate sentence would be 25 years to life (see People v Ferrell, 76 AD3d 938 [1st Dept 2010], lv. denied 15 NY3d 952 [2010]).

Concur — Mazzarelli, J.P., Andrias, Saxe, Moskowitz and Kahn, JJ.

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*413 Judgment of resentence, Supreme Court, New York County (Patricia Nunez, J.), rendered September 13, 2012, as amended September 14, 2012, resentencing defendant to concurrent terms of 25 years to life and 25 years, without any period of postrelease supervision, unanimously affirmed.

Defendant’s current appeal “from a resentence following an order vacating the original sentence” (CPL 450.30 [3]) does not bring up for review his present challenge to the voluntariness of his guilty plea (see CPL 450.30 [1]; People v Jordan, 16 NY3d 845, 846 [2011]). In any event, that challenge is without merit, because at the time of his plea, defendant was clearly advised that his aggregate sentence would be 25 years to life (see People v Ferrell, 76 AD3d 938 [1st Dept 2010], lv. denied 15 NY3d 952 [2010]).

Concur — Mazzarelli, J.P., Andrias, Saxe, Moskowitz and Kahn, JJ.

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Bluebook (online)

138 A.D.3d 412, 27 N.Y.S.3d 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lango-nyappdiv-2016.

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