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People v. Gaglio

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 754 (N.Y. App. Div. 1991)

Opinion

March 11, 1991

Appeal from the County Court, Westchester County (LaCava, J.).


Ordered that the judgment is affirmed.

The defendant's guilty plea was entered knowingly and voluntarily. Moreover, he specifically stated that he was withdrawing all motions, pending and decided, and that he understood that, as a condition of his plea, he would be unable to appeal any of the rulings of the court with respect to pretrial motions and hearings. Thus, we find that the defendant knowingly and voluntarily waived his right to seek appellate review of the denial of his suppression motion (see, People v Williams, 36 N.Y.2d 829, cert denied 423 U.S. 873; People v Roberts, 152 A.D.2d 678; People v Andrews, 146 A.D.2d 787).

The defendant received the sentence which he had been promised and thus he will not now be heard to complain that it is excessive (see, People v Brown, 153 A.D.2d 754; People v Green, 151 A.D.2d 693; People v Kazepis, 101 A.D.2d 816). In any event, under the circumstances of this case, we find that the sentence imposed was not unduly harsh or excessive (see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Brown, O'Brien and Ritter, JJ., concur.


Summaries of

People v. Gaglio

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 754 (N.Y. App. Div. 1991)
Case details for

People v. Gaglio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT GAGLIO…

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

Date published: Mar 11, 1991

Citations

171 A.D.2d 754 (N.Y. App. Div. 1991)
567 N.Y.S.2d 486

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