From Casetext: Smarter Legal Research

People v. Morabito

Appellate Division of the Supreme Court of New York, Second Department
Sep 14, 1998
253 A.D.2d 830 (N.Y. App. Div. 1998)

Opinion

September 14, 1998

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


Ordered that the judgment is affirmed.

The County Court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea without conducting a hearing ( see, CPL 220.60; People v. Frederick, 45 N.Y.2d 520; People v. Andrews, 207 A.D.2d 406). In addition, the defendant's waiver of his right to appeal forecloses review of his claim that the sentence imposed was excessive ( see, People v. Allen, 82 N.Y.2d 761; People v. McKnight, 245 A.D.2d 390).

Rosenblatt, J.P., Sullivan, Joy, Altman and Luciano, JJ., concur.


Summaries of

People v. Morabito

Appellate Division of the Supreme Court of New York, Second Department
Sep 14, 1998
253 A.D.2d 830 (N.Y. App. Div. 1998)
Case details for

People v. Morabito

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL MORABITO…

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

Date published: Sep 14, 1998

Citations

253 A.D.2d 830 (N.Y. App. Div. 1998)
677 N.Y.S.2d 511

Citing Cases

People v. Fields

derick , 45 N.Y.2d 520, 526, 410 N.Y.S.2d 555, 382 N.E.2d 1332 [1978] ; People v. De Jesus , 199 A.D.2d 529,…

People v. Fields

While CPL Article 220 deals with indictments, the salient question concerning the validity of any criminal…