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People v. Carlo

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 2009
68 A.D.3d 892 (N.Y. App. Div. 2009)

Opinion

No. 2008-06849.

December 8, 2009.

Appeal by the defendant from a judgment of the County Court, Westchester County (Cacace, J.), rendered June 25, 2008, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.

Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Before: Fisher, J.P., Santucci, Dickerson, Chambers and Lott, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's contention that the court failed to abide by its sentencing promise is unpreserved for appellate review since he did not raise it at the time of sentencing, and did not move to withdraw his plea on that ground ( see People v Velez, 64 AD3d 799; People v Scott, 39 AD3d 570). In any event, that contention, as well as his claim that he was denied the effective assistance of counsel, are without merit.


Summaries of

People v. Carlo

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 2009
68 A.D.3d 892 (N.Y. App. Div. 2009)
Case details for

People v. Carlo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL CARLO…

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

Date published: Dec 8, 2009

Citations

68 A.D.3d 892 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 9248
889 N.Y.S.2d 470