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People v. Lanzara

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 6, 2009
59 A.D.3d 936 (N.Y. App. Div. 2009)

Opinion

No. KA 07-01247.

February 6, 2009.

Appeal from a judgment of the Lewis County Court (Charles C. Merrell, J.), rendered January 12, 2007. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree.

DENNIS A. GERMAIN, WATERTOWN, FOR DEFENDANT-APPELLANT.

ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (SASHA SAMBERG-CHAMPION OF COUNSEL), FOR RESPONDENT.

Present: Hurlbutt, J.P., Smith, Fahey, Peradotto and Pine, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the second degree (Penal Law § 220.18), defendant contends that County Court erred in imposing a fine without conducting a hearing to determine his ability to pay. That contention is encompassed by defendant's valid waiver of the right to appeal ( see generally People v Hidalgo, 91 NY2d 733, 737; People v Horton, 256 AD2d 1105, lv denied 93 NY2d 972). In any event, "appellate challenges to the procedures utilized in determining and imposing sentence are forfeited if they are not raised in a timely manner before the trial court" ( People v Callahan, 80 NY2d 273, 281), and here defendant forfeited that challenge by failing to raise it before the sentencing court.


Summaries of

People v. Lanzara

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 6, 2009
59 A.D.3d 936 (N.Y. App. Div. 2009)
Case details for

People v. Lanzara

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN R. LANZARA…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 6, 2009

Citations

59 A.D.3d 936 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 740
873 N.Y.S.2d 399

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