Opinion
2000-08965
Argued October 18, 2002.
November 4, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Grosso, J.), rendered May 10, 2000, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Svetlana M. Kornfeind of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, James A. Dolan, and Jennifer Hagan of counsel; Lorrie A. Zinno on the brief), for respondent.
Before: FRED T. SANTUCCI, J.P., SANDRA J. FEUERSTEIN, CORNELIUS J. O'BRIEN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
In light of our affirmance of the judgment in the related case (see People v. Monserrate, 299 A.D.2d 371 [Appellate Division Docket No. 2000-02586, decided herewith]), we need not reach the defendant's further contention that his plea of guilty under Indictment No. 2184/99 must be vacated pursuant to People v. Fuggazzatto ( 62 N.Y.2d 862) (see People v. Sierra, 191 A.D.2d 657; cf. People v. Robbins, 223 A.D.2d 735).
SANTUCCI, J.P., FEUERSTEIN, O'BRIEN and LUCIANO, JJ., concur.