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People v. Olivieris

Appellate Division of the Supreme Court of New York, Third Department
May 24, 2007
40 A.D.3d 1313 (N.Y. App. Div. 2007)

Opinion

No. 16690.

May 24, 2007.

Mugglin, J. Appeal from a judgment of the County Court of Sullivan County (Ledina, J.), rendered May 31, 2005, convicting defendant upon his plea of guilty of the crime of criminal mischief in the third degree.

Kathryn S. Dell, Troy, for appellant.

Stephen F. Lungen, District Attorney, Monticello (Bonnie M. Mitzner of counsel), for respondent.

Before: Crew III, J.P., Spain, Carpinello and Kane, JJ., concur.


After waiving indictment and agreeing to be prosecuted by a superior court information, defendant pleaded guilty to criminal mischief in the third degree and waived his right to appeal. He was thereafter sentenced in accordance with the negotiated plea agreement as a second felony offender to a prison term of 1½ to 3 years. Defendant appeals.

We affirm. Defendant's challenge to the voluntariness of his guilty plea and waiver of the right to appeal is unpreserved for review given his failure to move to withdraw the plea or vacate the judgment of conviction ( see People v Hernandez, 21 AD3d 1214, 1215, lv denied 5 NY3d 883 [2005]; People v Daniels, 16 AD3d 780, 780). In any event, defendant's claim is without merit. Although defendant informed County Court that he could not read English, he advised that he understood the language, was fully apprised of his rights and the ramifications of pleading guilty and waiving his right to appeal and affirmatively communicated his comprehension, relinquished his rights and freely admitted his guilt. We are therefore satisfied that defendant voluntarily, knowingly and intelligently pleaded guilty and waived his right to appeal ( see People v Hernandez, supra at 1215).

Ordered that the judgment is affirmed.


Summaries of

People v. Olivieris

Appellate Division of the Supreme Court of New York, Third Department
May 24, 2007
40 A.D.3d 1313 (N.Y. App. Div. 2007)
Case details for

People v. Olivieris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAIME OLIVIERIS…

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

Date published: May 24, 2007

Citations

40 A.D.3d 1313 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 4373
836 N.Y.S.2d 367

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