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People v. Aveni

Appellate Division of the Supreme Court of New York, Second Department
May 10, 2004
7 A.D.3d 632 (N.Y. App. Div. 2004)

Opinion

2002-03415.

Decided May 10, 2004.

Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered March 15, 2002, convicting him of assault in the second degree (two counts), upon his plea of guilty, and imposing sentence.

Eugene A. Cordaro, Mineola, N.Y., for appellant.

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

Before: DAVID S. RITTER, J.P., SONDRA MILLER, SANDRA L. TOWNES, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that his plea was not knowing and voluntary because the court did not clearly inform him that its sentencing promise differed from the People's recommendation is unpreserved for appellate review since he did not move to withdraw his plea or to vacate the judgment on these grounds ( see People v. Demosthene, 2 A.D.3d 874). In any event, the minutes of the plea proceedings reveal that the defendant's contention is without merit.

The defendant's valid waiver of his right to appeal ( see People v. Seaberg, 74 N.Y.2d 1, 11) precludes review of his further contention that the sentence imposed was excessive. In any event, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.


Summaries of

People v. Aveni

Appellate Division of the Supreme Court of New York, Second Department
May 10, 2004
7 A.D.3d 632 (N.Y. App. Div. 2004)
Case details for

People v. Aveni

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JOSEPH W. AVENI, appellant

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

Date published: May 10, 2004

Citations

7 A.D.3d 632 (N.Y. App. Div. 2004)
775 N.Y.S.2d 889

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