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People v. Daniels

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 16, 2020
189 A.D.3d 1261 (N.Y. App. Div. 2020)

Opinion

2019–02113 Ind. No. 283/18

12-16-2020

The PEOPLE, etc., respondent, v. Christopher R. DANIELS, appellant.

Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Anna K. Diehn of counsel), for respondent.


Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Anna K. Diehn of counsel), for respondent.

WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, PAUL WOOTEN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Peter M. Forman, J.), rendered January 29, 2019, convicting him of aggravated family offense, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's challenge to the imposition of an enhanced sentence is unpreserved for appellate review because he did not object to the imposition of the enhanced sentence or move to withdraw his plea on this ground (see People v. Martin, 151 A.D.3d 753, 753, 53 N.Y.S.3d 557 ; People v. Carrasquillo, 133 A.D.3d 774, 775, 19 N.Y.S.3d 333 ; People v. Zeldine, 121 A.D.3d 928, 929, 994 N.Y.S.2d 408 ; People v. Williams, 120 A.D.3d 721, 722, 991 N.Y.S.2d 427 ; People v. Aliano, 116 A.D.3d 874, 875, 983 N.Y.S.2d 735 ; People v. Browning, 44 A.D.3d 1067, 1067, 844 N.Y.S.2d 405 ; People v. Scoca, 38 A.D.3d 801, 801, 832 N.Y.S.2d 604 ). We decline to review the defendant's contention in the exercise of our interest of justice jurisdiction.

The enhanced sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

MASTRO, J.P., MILLER, DUFFY, LASALLE and WOOTEN, JJ., concur.


Summaries of

People v. Daniels

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 16, 2020
189 A.D.3d 1261 (N.Y. App. Div. 2020)
Case details for

People v. Daniels

Case Details

Full title:The People of the State of New York, respondent, v. Christopher R…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Dec 16, 2020

Citations

189 A.D.3d 1261 (N.Y. App. Div. 2020)
189 A.D.3d 1261
2020 N.Y. Slip Op. 7586

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