From Casetext: Smarter Legal Research

People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Sep 10, 1990
165 A.D.2d 816 (N.Y. App. Div. 1990)

Opinion

September 10, 1990

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


Ordered that the judgment is affirmed.

During the defendant's plea allocution, the court indicated that it would sentence him to an indeterminate term of imprisonment not to exceed five years to life. The defendant acquiesced to this sentence ceiling as part of his plea of guilty. He was ultimately sentenced to an indeterminate term of four years' to life imprisonment. Having pleaded guilty with the understanding that he could receive a sentence of greater duration than that actually imposed, the defendant may not now be heard to complain that his sentence is excessive (see, People v Kazepis, 101 A.D.2d 816). Furthermore, under the circumstances of this case, we find that the court did not improvidently exercise its discretion in sentencing the defendant to the term indicated (see, People v. Suitte, 90 A.D.2d 80).

Finally, the defendant's conclusory and unsubstantiated claims of ineffective assistance of counsel, which in any event rest primarily upon matters which are dehors the record, are clearly without merit. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.


Summaries of

People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Sep 10, 1990
165 A.D.2d 816 (N.Y. App. Div. 1990)
Case details for

People v. Lopez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO LOPEZ, Appellant

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

Date published: Sep 10, 1990

Citations

165 A.D.2d 816 (N.Y. App. Div. 1990)

Citing Cases

People v. Nieblas

The defendant's conclusory and unsubstantiated claims of ineffective assistance of counsel rest primarily on…