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People v. Nieves

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 2001
289 A.D.2d 342 (N.Y. App. Div. 2001)

Opinion

2000-05698

October 12, 2001.

December 10, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered May 30, 2000, convicting him of criminal contempt in the first degree and criminal contempt in the second degree, upon his plea of guilty, and imposing sentence.

ANDREW C. FINE, New York, N.Y. (AMY DONNER of counsel), for appellant.

CHARLES J. HYNES, District Attorney, Brooklyn, N.Y. (LEONARD JOBLOVE and CYNTHIA KEAN of counsel; JOHN PREUSS on the brief), for respondent.

Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.


ORDERED that the judgment is affirmed.

The defendant voluntarily, knowingly, and intelligently waived his right to appeal as part of his plea bargain (see, People v. Kemp, 94 N.Y.2d 831; People v. Milgrom, 281 A.D.2d 492). Furthermore, the record does not support the defendant's contention that he sought to withdraw his plea at the sentencing. Accordingly, his contention that the sentencing court erred in failing to make further inquiry into the efficacy of his plea of guilty is unpreserved for appellate review, as is his contention regarding his sentence (see, People v. Lopez, 71 N.Y.2d 662; People v. Sierra, 256 A.D.2d 598).

SANTUCCI, J.P., ALTMAN, TOWNES and CRANE, JJ., concur.


Summaries of

People v. Nieves

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 2001
289 A.D.2d 342 (N.Y. App. Div. 2001)
Case details for

People v. Nieves

Case Details

Full title:THE PEOPLE, ETC., Respondent, v. EDUARDO NIEVES, Appellant

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

Date published: Dec 10, 2001

Citations

289 A.D.2d 342 (N.Y. App. Div. 2001)
735 N.Y.S.2d 135

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