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People v. Demosthene

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 2003
2 A.D.3d 874 (N.Y. App. Div. 2003)

Opinion

2002-04675.

December 29, 2003.

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered April 10, 2002, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.

Gary E. Eisenberg, Monroe, N.Y., for appellant.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan and Carrie A. Ciganek of counsel), for respondent.

Before: THOMAS A. ADAMS and WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's general waiver of his right to appeal was knowingly, voluntarily, and intelligently made. Accordingly, appellate review of his contention that he was denied the effective assistance of counsel is precluded except to the extent that it may have affected the voluntariness of the plea ( see People v. Herring, 274 A.D.2d 525, 526; People v. Nicholas, 272 A.D.2d 629, 630).

The defendant also contends that his plea was not knowing or voluntary because he was not completely informed of his sentencing options, and because he was not informed of the immigration consequences of his plea. Since the defendant never moved to withdraw his plea or to vacate the judgment on these grounds, these contentions are unpreserved for appellate review ( see People v. Aloisi, 177 A.D.2d 491; CPL 470.05).

ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.


Summaries of

People v. Demosthene

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 2003
2 A.D.3d 874 (N.Y. App. Div. 2003)
Case details for

People v. Demosthene

Case Details

Full title:THE PEOPLE, ETC., respondent, v. PIERRE DEMOSTHENE, Appellant

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

Date published: Dec 29, 2003

Citations

2 A.D.3d 874 (N.Y. App. Div. 2003)
769 N.Y.S.2d 746

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