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People v. Aloisi

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1991
177 A.D.2d 491 (N.Y. App. Div. 1991)

Opinion

November 4, 1991

Appeal from the County Court, Suffolk County (Mallon, J.).


Ordered that the judgments are affirmed.

While the defendant raises claims on appeal pertaining, inter alia, to the voluntariness of her pleas of guilty, we note that she failed to move to withdraw her pleas (see, People v. McVay, 148 A.D.2d 474), or to otherwise raise any such issue in the court of first instance (see, People v. Pellegrino, 60 N.Y.2d 636; see also, People v. Claudio, 64 N.Y.2d 858, 859). Accordingly, these claims are unpreserved for appellate review. In any event, we find nothing in the plea proceedings to "[cast] significant doubt upon the defendant's guilt or otherwise [call] into question the voluntariness of the plea[s]" (People v Lopez, 71 N.Y.2d 662, 666).

The defendant, who pleaded guilty to bail jumping in the first degree for having absconded after pleading guilty to attempted robbery in the first degree, had been advised of the consequences of failing to return for sentencing, including, inter alia, the lodging of new, additional charges and the imposition of consecutive sentences. This is precisely what happened. Insofar as the sentences imposed upon the defendant were promised by the court in conjunction with the original plea agreement and during the bail-jumping plea proceedings, the defendant may not now be heard to argue that the sentences are excessive (see, People v Winston, 114 A.D.2d 918; People v. Kazepis, 101 A.D.2d 816, 817; see also, People v. Warren, 121 A.D.2d 418).

We have considered the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Sullivan, Harwood, Miller and O'Brien, JJ., concur.


Summaries of

People v. Aloisi

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1991
177 A.D.2d 491 (N.Y. App. Div. 1991)
Case details for

People v. Aloisi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICIA ALOISI…

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

Date published: Nov 4, 1991

Citations

177 A.D.2d 491 (N.Y. App. Div. 1991)
576 N.Y.S.2d 31

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