Opinion
No. 2023-09945 Ind. No. 21/23
12-18-2024
The People of the State of New York, respondent, v. Joseph Simonetty, appellant.
McCabe Coleman Ventosa & Patterson PLLC, Poughkeepsie, NY (John J. Ventosa and David L. Steinberg of counsel), for appellant. Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea and Anna Diehn of counsel), for respondent.
McCabe Coleman Ventosa & Patterson PLLC, Poughkeepsie, NY (John J. Ventosa and David L. Steinberg of counsel), for appellant.
Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea and Anna Diehn of counsel), for respondent.
VALERIE BRATHWAITE NELSON, J.P., CHERYL E. CHAMBERS, CARL J. LANDICINO, LAURENCE L. LOVE, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered October 13, 2023, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the County Court improperly sentenced him based upon a materially untrue assumption is unpreserved for appellate review (see CPL 470.05[2]; People v McDonald, 131 A.D.3d 1268, 1269). In any event, the contention is without merit, as the court did not rely upon a materially untrue assumption in imposing the sentence (see People v Naranjo, 89 N.Y.2d 1047, 1049; People v McDonald, 131 A.D.3d at 1269).
The sentence imposed was not excessive (see CPL 470.15[6][b]; People v Suitte, 90 A.D.2d 80).
BRATHWAITE NELSON, J.P., CHAMBERS, LANDICINO and LOVE, JJ., concur.