People v. Morabito

Appellate Division of the Supreme Court of New York

People v. Morabito

253 A.D.2d 830, 677 N.Y.S.2d 511, 1998 N.Y. App. Div. LEXIS 9539

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

DecidedSeptember 21, 1998

StatusPublished

This text of 253 A.D.2d 830 (People v. Morabito) 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. Morabito, 253 A.D.2d 830, 677 N.Y.S.2d 511, 1998 N.Y. App. Div. LEXIS 9539 (N.Y. Ct. App. 1998).

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Opinion

Appeal by the defendant from a judgment of the County Court, Westchester County (Leavitt, J.), rendered August 7, 1995, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

[831]*831Ordered that the judgment is. affirmed.

The County Court did not improvidently exercise its discretion in denying the defendant’s motion to withdraw his plea without conducting a hearing (see, CPL 220.60 [3]; People v Frederick, 45 NY2d 520; People v Andrews, 207 AD2d 406). In addition, the defendant’s waiver of his right to appeal forecloses review of his claim that the sentence imposed was excessive (see, People v Allen, 82 NY2d 761; People v McKnight, 245 AD2d 390). Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Westchester County (Leavitt, J.), rendered August 7, 1995, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

[831]*831Ordered that the judgment is. affirmed.

The County Court did not improvidently exercise its discretion in denying the defendant’s motion to withdraw his plea without conducting a hearing (see, CPL 220.60 [3]; People v Frederick, 45 NY2d 520; People v Andrews, 207 AD2d 406). In addition, the defendant’s waiver of his right to appeal forecloses review of his claim that the sentence imposed was excessive (see, People v Allen, 82 NY2d 761; People v McKnight, 245 AD2d 390). Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.

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Bluebook (online)

253 A.D.2d 830, 677 N.Y.S.2d 511, 1998 N.Y. App. Div. LEXIS 9539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-morabito-nyappdiv-1998.

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