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People v. Stamatelos

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 2004
8 A.D.3d 591 (N.Y. App. Div. 2004)

Opinion

2000-00538.

Decided June 21, 2004.

Appeal by the defendant from a judgment of the County Court, Nassau County (Belfi, J.), rendered January 4, 2000, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

Leon H. Tracy, Jericho, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (John F. McGlynn of counsel), for respondent.

Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, WILLIAM F. MASTRO, PETER B. SKELOS, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's arguments concerning the alleged involuntariness of his plea and the supposed ineffectiveness of his former attorney hinge to a large extent on his claim that Nassau County lacked geographic jurisdiction in this case. This claim is incorrect ( see CPL 20.40[a]; People v. Tullo, 34 N.Y.2d 712, affg 41 A.D.2d 957; People v. Andjelovic, 198 A.D.2d 287; People v. Lovacco, 147 A.D.2d 592; People v. Nicoll, 3 A.D.2d 64, 69).

As a result of executing a general waiver of his right to appeal, the defendant effectively waived his right to claim that the sentence imposed was excessive ( see People v. Hidalgo, 91 N.Y.2d 733; People v. Allen, 82 N.Y.2d 761; People v. Seaberg, 74 N.Y.2d 1, 9-10; People v. Coss, 309 A.D.2d 945, lv denied 1 N.Y.3d 626; People v. Wronka, 6 A.D.3d 735).

The defendant's remaining contentions either are unpreserved for appellate review ( see People v. Mackey, 77 N.Y.2d 846; People v. Lopez, 71 N.Y.2d 662; People v. Pellegrino, 60 N.Y.2d 636; People v. Demosthene, 2 A.D.3d 874, lv denied N.Y.3d [April 20, 2004]) or without merit.

RITTER, J.P., ALTMAN, MASTRO and SKELOS, JJ., concur.


Summaries of

People v. Stamatelos

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 2004
8 A.D.3d 591 (N.Y. App. Div. 2004)
Case details for

People v. Stamatelos

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JOHN STAMATELOS, appellant

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

Date published: Jun 21, 2004

Citations

8 A.D.3d 591 (N.Y. App. Div. 2004)
778 N.Y.S.2d 702

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