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People v. Maurizio

Appellate Division of the Supreme Court of New York, Third Department
Feb 28, 1991
170 A.D.2d 905 (N.Y. App. Div. 1991)

Opinion

February 28, 1991

Appeal from the County Court of Greene County (Fromer, J.).


In seeking to be resentenced, defendant contends that his waiver of his right to appeal was invalid because County Court failed to conduct an adequate inquiry before accepting the waiver. The record establishes, however, that defendant's waiver was part of a negotiated plea bargain and was voluntarily and knowingly made, and that defendant fully understood the consequences of the waiver (see, People v Seaberg, 74 N.Y.2d 1; People v Brown, 160 A.D.2d 1039). In any event, we reject defendant's argument that the court's failure to hold a compliance hearing regarding defendant's lack of cooperation with authorities requires that he be resentenced. At sentencing, he did not dispute or challenge the People's statement that he failed to cooperate and accepted the sentence of a prison term of 1 1/2 to 4 1/2 years offered to him by the People (see, People v Garcia, 163 A.D.2d 218; cf., People v Pistone, 143 A.D.2d 852).

Appeal dismissed. Mahoney, P.J., Weiss, Mikoll, Yesawich, Jr., and Crew III, JJ., concur.


Summaries of

People v. Maurizio

Appellate Division of the Supreme Court of New York, Third Department
Feb 28, 1991
170 A.D.2d 905 (N.Y. App. Div. 1991)
Case details for

People v. Maurizio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS C. MAURIZIO…

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

Date published: Feb 28, 1991

Citations

170 A.D.2d 905 (N.Y. App. Div. 1991)
567 N.Y.S.2d 323

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