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People v. Moralez

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1999
267 A.D.2d 334 (N.Y. App. Div. 1999)

Opinion

Submitted November 10, 1999

December 13, 1999

Appeal by the defendant from two judgments of the Supreme Court, Suffolk County (Mullen, J.), both rendered September 15, 1998, convicting him of robbery in the first degree (three counts) and burglary in the third degree under Indictment No. 720/ 98, and robbery in the first degree (three counts) under Indictment No. 939/98, upon his pleas of guilty, and imposing sentences.

Robert C. Mitchell, Riverhead, N.Y. (Anna M. Perry of counsel), for appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N Y (Michael A. Gajdos of counsel), for respondent.

GUY JAMES MANGANO, P.J., DAVID S. RITTER, DANIEL W. JOY, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgments are affirmed.

The defendant's contention that the sentencing court should have granted him youthful offender status is unpreserved for appellate review, since he failed to object or to move to withdraw his pleas on this ground (see, People v. Granton, 236 A.D.2d 624 ; People v. Stevens, 167 A.D.2d 363 ; People v. Maybeck, 157 A.D.2d 861 ). In any event, the court providently exercised its discretion in denying him youthful offender treatment, given that he admittedly committed several robberies, during which he either threatened the immediate use a knife or displayed what appeared to be a handgun or both (see, People v. Vera, 206 A.D.2d 494 ; People v. Smith, 132 A.D.2d 583 ; People v. Sneed, 116 A.D.2d 676 ).

Since the defendant pleaded guilty with the understanding that he would receive the sentences which were thereafter actually imposed, he has no basis to now complain that his sentences were excessive (see, People v. Kazepis, 101 A.D.2d 816 ).

MANGANO, P.J., RITTER, JOY, McGINITY, and SMITH, JJ., concur.


Summaries of

People v. Moralez

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1999
267 A.D.2d 334 (N.Y. App. Div. 1999)
Case details for

People v. Moralez

Case Details

Full title:THE PEOPLE, etc., respondent, v. MANUEL MORALEZ, appellant. (Ind. Nos…

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

Date published: Dec 13, 1999

Citations

267 A.D.2d 334 (N.Y. App. Div. 1999)
699 N.Y.S.2d 888

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