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People v. Castagna

Appellate Division of the Supreme Court of New York, Second Department
May 2, 2005
18 A.D.3d 475 (N.Y. App. Div. 2005)

Opinion

2004-02007.

May 2, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered June 2, 2003, convicting him of attempted reckless endangerment in the first degree, upon his plea of guilty, and imposing sentence.

Before: Florio, J.P., Krausman, Crane, Rivera and Fisher, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's waiver of his right to appeal encompassed his right to challenge his sentence as excessive ( see People v. Lococo, 92 NY2d 825, 827; People v. Hidalgo, 91 NY2d 733, 737; People v. Iorio, 276 AD2d 564). Moreover, since the defendant was a second felony offender, the sentence imposed was required to run consecutively to the undischarged sentence on the defendant's prior conviction ( see Penal Law § 70.25 [2-a]; Matter of Madison v. Goord, 274 AD2d 483, 484; People v. Hansen, 267 AD2d 474).


Summaries of

People v. Castagna

Appellate Division of the Supreme Court of New York, Second Department
May 2, 2005
18 A.D.3d 475 (N.Y. App. Div. 2005)
Case details for

People v. Castagna

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN CASTAGNA…

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

Date published: May 2, 2005

Citations

18 A.D.3d 475 (N.Y. App. Div. 2005)
794 N.Y.S.2d 426

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