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People v. Piparo

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1987
134 A.D.2d 295 (N.Y. App. Div. 1987)

Opinion

November 2, 1987

Appeal from the County Court, Westchester County (Zittell, J.).


Ordered that the judgment is affirmed.

The defendant's sentence, three concurrent terms of imprisonment of 9 to 18 years, was within the range of possible sentences promised by the court when the guilty plea was entered and was not excessive (see, People v. Kazepis, 101 A.D.2d 816; People v. Suitte, 90 A.D.2d 80).

Furthermore, the claims raised in the defendant's pro se supplemental brief rely on facts not contained in the record and, consequently, are not reviewable by this court (see, People v Brown, 45 N.Y.2d 852). The defendant's assertion that this appeal is also from an order of the County Court denying his motion to vacate the judgment of conviction pursuant to CPL 440.10 is incorrect, because leave to appeal from the denial of such a motion was never sought or granted (see, CPL 450.15; 460.15). Mollen, P.J., Mangano, Spatt and Sullivan, JJ., concur.


Summaries of

People v. Piparo

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1987
134 A.D.2d 295 (N.Y. App. Div. 1987)
Case details for

People v. Piparo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID PIPARO, Appellant

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

Date published: Nov 2, 1987

Citations

134 A.D.2d 295 (N.Y. App. Div. 1987)

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