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People v. Ruffino

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 365 (N.Y. App. Div. 2000)

Opinion

Submitted February 2, 2000

March 17, 2000

Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered March 8, 1998, convicting him of operating a motor vehicle while under the influence of alcohol as a felony and aggravated unlicensed operation of a motor vehicle in the second degree, upon his plea of guilty, and imposing sentence.

Leon H. Tracy, Jericho, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Bruce E. Whitney and Karen Wigle Weiss of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contentions regarding the adequacy of the plea allocution and the effectiveness of his counsel are unpreserved for appellate review, as he did not move in the Supreme Court either to withdraw his plea or vacate the judgment on those grounds (see, People v. Pellegrino, 60 N.Y.2d 636; People v. Leo, 255 A.D.2d 458). In any event, his contentions are without merit.

The defendant's waiver of his right to appeal precludes review of his claim that the sentence is excessive (see, People v. Hidalgo, 91 N.Y.2d 733).

O'BRIEN, J.P., ALTMAN, FRIEDMANN, McGINITY, and SMITH, JJ., concur.


Summaries of

People v. Ruffino

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 365 (N.Y. App. Div. 2000)
Case details for

People v. Ruffino

Case Details

Full title:THE PEOPLE, ETC., Respondent, v. STEPHEN RUFFINO, Appellant. (Ind. No…

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

Date published: Mar 17, 2000

Citations

270 A.D.2d 365 (N.Y. App. Div. 2000)
704 N.Y.S.2d 862

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