From Casetext: Smarter Legal Research

People v. Musmacker

Supreme Court, Appellate Division, Second Department, New York.
Feb 28, 2012
92 A.D.3d 960 (N.Y. App. Div. 2012)

Opinion

2012-02-28

The PEOPLE, etc., respondent, v. Robert J. MUSMACKER, appellant.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.


Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Kahn, J.), imposed July 21, 2010, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant knowingly, voluntarily, and intelligently pleaded guilty to all counts of the indictment, with the knowledge that he would be sentenced to an aggregate determinate term of 14 years in prison plus a period of 15 years of postrelease supervision, and that is the sentence that the County Court imposed. Under these circumstances, the defendant has no basis now upon which to complain that the sentence imposed was excessive ( see People v. Tate, 84 A.D.3d 1416, 1417, 924 N.Y.S.2d 285; People v. Bunn, 79 A.D.3d 1143, 1143, 914 N.Y.S.2d 907).

MASTRO, A.P.J., SKELOS, DICKERSON, LOTT and COHEN, JJ., concur.


Summaries of

People v. Musmacker

Supreme Court, Appellate Division, Second Department, New York.
Feb 28, 2012
92 A.D.3d 960 (N.Y. App. Div. 2012)
Case details for

People v. Musmacker

Case Details

Full title:The PEOPLE, etc., respondent, v. Robert J. MUSMACKER, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Feb 28, 2012

Citations

92 A.D.3d 960 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 1621
938 N.Y.S.2d 905

Citing Cases

People v. Munnerlyn

People v. Robert MusmackerCiparick2d Dept.: 92 A.D.3d 960, 938 N.Y.S.2d 905 (Suffolk) Ciparick,…