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People v. Zelter

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 2004
6 A.D.3d 1103 (N.Y. App. Div. 2004)

Opinion

KA 03-02341.

Decided April 30, 2004.

Appeal from a judgment of the Monroe County Court (Dennis F. Bender, J.), rendered December 20, 2000. The judgment convicted defendant, upon her plea of guilty, of grand larceny in the second degree.

LAWRENCE L. KASPEREK, ROCHESTER, FOR DEFENDANT-APPELLANT.

MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Before: PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER, AND LAWTON, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from three judgments convicting her of various crimes upon her pleas of guilty entered during a single plea proceeding, defendant contends in each appeal that County Court erred in imposing an enhanced sentence. Defendant's contention is not preserved for our review because defendant neither objected to the enhanced sentences nor moved to withdraw her pleas on that ground ( see CPL 470.05; People v. Leonard, 306 A.D.2d 940). In any event, defendant failed to comply with a condition of the plea bargain, and the court therefore properly imposed enhanced sentences ( see generally People v. Outley, 80 N.Y.2d 702, 714). Contrary to defendant's further contention, the enhanced sentences are not unduly harsh or severe.


Summaries of

People v. Zelter

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 2004
6 A.D.3d 1103 (N.Y. App. Div. 2004)
Case details for

People v. Zelter

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JACQUELINE…

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

Date published: Apr 30, 2004

Citations

6 A.D.3d 1103 (N.Y. App. Div. 2004)
775 N.Y.S.2d 633

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People v. Zelter

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed. Same…