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People v. Gaines

Appellate Division of the Supreme Court of New York, Second Department
Sep 13, 2000
275 A.D.2d 721 (N.Y. App. Div. 2000)

Opinion

Submitted March 31, 2000.

September 13, 2000.

Appeal by the defendant from an amended sentence of the County Court, Westchester County (Zambelli, J.), imposed April 27, 1999, on the ground that the amended sentence is excessive.

Stephen J. Pittari, White Plains, N.Y. (Salvatore A. Gaetani of counsel), for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Karen D. Herbert and Mary E. Costello of counsel), for respondent.

Before: GUY JAMES MANGANO, P.J., DAVID S. RITTER, THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the amended sentence is affirmed.

The defendant's waiver of his right to appeal at the plea proceeding on December 22, 1994, precludes review of the issues the defendant raises concerning his sentence (see, People v. Pitter, ___ A.D.2d ___ [2d Dept., May 8, 2000]; People v. Nicholas, ___ A.D.2d ___ [2d Dept., May 30, 2000]; People v. Strunkey, 268 A.D.2d 492).


Summaries of

People v. Gaines

Appellate Division of the Supreme Court of New York, Second Department
Sep 13, 2000
275 A.D.2d 721 (N.Y. App. Div. 2000)
Case details for

People v. Gaines

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. DAVID GAINES, APPELLANT. (IND. NO…

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

Date published: Sep 13, 2000

Citations

275 A.D.2d 721 (N.Y. App. Div. 2000)
713 N.Y.S.2d 291