People v. Marciante

Appellate Division of the Supreme Court of New York

People v. Marciante

167 A.D.2d 978, 562 N.Y.S.2d 316, 1990 N.Y. App. Div. LEXIS 14618

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1990·Published·Cited by 1 cases

Opinion

Judgment unanimously affirmed. Memorandum: Defendant’s contention, raised for the first time on appeal, that the prosecutor violated the terms of the plea bargain by making a sentencing recommendation, has not been preserved for our review because defendant did not object to the prosecutor’s remarks at the sentencing (see, CPL 470.05 [2]; People v Stripling, 136 AD2d 772, 773). We decline to exercise our discretion to review this issue in the interest of justice (see, CPL 470.15 [6]). Finally, the sentence imposed was not harsh and excessive. (Appeal from judgment of Jefferson County Court, Clary, J.—attempted assault, first degree.) Present—Denman, J. P., Boomer, Pine, Balio and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant’s contention, raised for the first time on appeal, that the prosecutor violated the terms of the plea bargain by making a sentencing recommendation, has not been preserved for our review because defendant did not object to the prosecutor’s remarks at the sentencing (see, CPL 470.05 [2]; People v Stripling, 136 AD2d 772, 773). We decline to exercise our discretion to review this issue in the interest of justice (see, CPL 470.15 [6]). Finally, the sentence imposed was not harsh and excessive. (Appeal from judgment of Jefferson County Court, Clary, J.—attempted assault, first degree.) Present—Denman, J. P., Boomer, Pine, Balio and Davis, JJ.

People v. Marciante, 167 A.D.2d 978, 562 N.Y.S.2d 316, 1990 N.Y. App. Div. LEXIS 14618 (N.Y. Ct. App. 1990).

Pincite

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Opinion

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