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People v. Milczakowskyj

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 28, 2001
286 A.D.2d 928 (N.Y. App. Div. 2001)

Opinion

(1068) KA 00-02207.

September 28, 2001.

(Appeal from Judgment of Cayuga County Court, Contiguglia, J. — Felony Driving While Intoxicated.)

PRESENT: GREEN, J.P., SCUDDER, KEHOE, GORSKI AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

Defendant was informed that an enhanced sentence could be imposed if he failed to appear for sentencing, and thus his waiver of the right to appeal encompasses his contention that the enhanced sentence is unduly harsh and severe ( see, People v. Burnice, 272 A.D.2d 882, lv denied 95 N.Y.2d 863; People v. Miles, 268 A.D.2d 489, lv denied 95 N.Y.2d 800). The contention of defendant in his pro se supplemental brief that County Court erred in imposing an enhanced sentence without affording him an opportunity to withdraw his plea is not preserved for our review ( see, People v. Monte, 242 A.D.2d 591). Defendant's remaining contentions in the pro se supplemental brief are encompassed by the waiver of the right to appeal.


Summaries of

People v. Milczakowskyj

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 28, 2001
286 A.D.2d 928 (N.Y. App. Div. 2001)
Case details for

People v. Milczakowskyj

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. MICHAEL G…

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

Date published: Sep 28, 2001

Citations

286 A.D.2d 928 (N.Y. App. Div. 2001)
730 N.Y.S.2d 905

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