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People v. Miller

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 29, 2000
270 A.D.2d 893 (N.Y. App. Div. 2000)

Opinion

March 29, 2000.

Appeal from Judgment of Genesee County Court, Noonan, J. — Attempted Burglary, 2nd Degree.

PRESENT: PIGOTT, JR., P. J., HAYES, HURLBUTT, SCUDDER AND KEHOE, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted burglary in the second degree (Penal Law § 110.00, 140.25 Penal). Defendant failed to preserve for our review his contention that County Court erred in failing to exercise its discretion under Penal Law § 70.45 (2) by specifying the period of post-release supervision imposed ( cf., People v. Wright [appeal No. 1] , 270 A.D.2d 829 [decided Feb. 16, 2000]; People v. King, 254 A.D.2d 814, lv denied 92 N.Y.2d 983), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 29, 2000
270 A.D.2d 893 (N.Y. App. Div. 2000)
Case details for

People v. Miller

Case Details

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

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

Date published: Mar 29, 2000

Citations

270 A.D.2d 893 (N.Y. App. Div. 2000)
706 N.Y.S.2d 661

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