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People v. Fisnar

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1995
212 A.D.2d 628 (N.Y. App. Div. 1995)

Opinion

February 14, 1995

Appeal from the Supreme Court, Suffolk County (Rohl, J.).


Ordered that the amended sentence is affirmed.

The general waiver of appeal rights which the defendant executed at the plea proceeding on December 6, 1993, did not effectively waive his right to claim on appeal that the amended sentence was unlawful because it was not based on an updated pre-sentence report (see, CPL 390.20; People v. Dorino, 200 A.D.2d 632).

Nonetheless, contrary to the defendant's contentions, a review of the record reveals that the court did in fact have an updated pre-sentence report before it at the time that it imposed the amended sentence.

The remaining claims raised by the defendant were either effectively waived by the defendant's general waiver of his appeal rights (see, People v. Callahan, 80 N.Y.2d 273; People v Seaberg, 74 N.Y.2d 1), or are without merit. Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.


Summaries of

People v. Fisnar

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1995
212 A.D.2d 628 (N.Y. App. Div. 1995)
Case details for

People v. Fisnar

Case Details

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

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

Date published: Feb 14, 1995

Citations

212 A.D.2d 628 (N.Y. App. Div. 1995)
623 N.Y.S.2d 144

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