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People v. D'Avila

Appellate Division of the Supreme Court of New York, Second Department
Sep 6, 2005
21 A.D.3d 905 (N.Y. App. Div. 2005)

Opinion

2004-08009.

September 6, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Walsh, J.), rendered August 3, 2004, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Cynthia Kean of counsel; Renee Anderson on the brief), for respondent.

Before: Prudenti, P.J., Schmidt, Santucci, Luciano and Spolzino, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's purported waiver of the right to appeal was not valid because it was based on an incorrect statement of law ( cf. People v. Brown, 13 AD3d 548, 549). However, the defendant failed to preserve for appellate review his contention that the sentencing court failed to exercise any discretion in imposing sentence ( see CPL 470.05).

The sentence imposed was not excessive ( see People v. Suitte, 90 AD2d 80).


Summaries of

People v. D'Avila

Appellate Division of the Supreme Court of New York, Second Department
Sep 6, 2005
21 A.D.3d 905 (N.Y. App. Div. 2005)
Case details for

People v. D'Avila

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL D'AVILA…

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

Date published: Sep 6, 2005

Citations

21 A.D.3d 905 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 6609
800 N.Y.S.2d 515

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