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People v. Lotito

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 1985
114 A.D.2d 1043 (N.Y. App. Div. 1985)

Opinion

November 25, 1985

Appeal from the Supreme Court, Kings County (Pesce, J.).


Judgment affirmed.

Defendant's challenge to the sufficiency of the plea allocution was not preserved for appellate review as a matter of law (see, CPL 470.05; People v Hoke, 62 N.Y.2d 1022; People v Pellegrino, 60 N.Y.2d 636). Moreover, were we to review this issue in the interest of justice, vacatur would not be warranted because the record discloses that the plea was knowing and voluntary and the allocution satisfied the requirements of People v Harris ( 61 N.Y.2d 9).

There is no merit to defendant's claim that his sentence was harsh and excessive. Defendant received the bargained-for sentence of concurrent terms of 2 to 4 years' incarceration for each count (see, People v Carrisquello, 106 A.D.2d 513; People v Kazepis, 101 A.D.2d 816), and, as a second violent felony offender, defendant was sentenced to the minimum authorized term on the weapons count (Penal Law § 70.04 [d]; [4]). Mangano, J.P., Brown, Rubin and Lawrence, JJ., concur.


Summaries of

People v. Lotito

Appellate Division of the Supreme Court of New York, Second Department
Nov 25, 1985
114 A.D.2d 1043 (N.Y. App. Div. 1985)
Case details for

People v. Lotito

Case Details

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

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

Date published: Nov 25, 1985

Citations

114 A.D.2d 1043 (N.Y. App. Div. 1985)