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People v. Morales

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1991
173 A.D.2d 743 (N.Y. App. Div. 1991)

Opinion

May 28, 1991

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


Ordered that the order is affirmed.

On this appeal from an order denying the defendant's post-judgment motion to vacate his sentences, the defendant again argues that he was improperly sentenced as a second felony offender, an issue previously found by this court to have been unpreserved for appellate review upon the defendant's direct appeal from his sentences (see, People v Morales, 143 A.D.2d 949).

In any event, the County Court properly denied the defendant's motion to vacate his sentences on the basis, inter alia, of waiver (see, People v Andre, 132 A.D.2d 560). We further note that the motion could have been denied pursuant to CPL 440.20 (2) (cf., People v Chapman, 115 A.D.2d 911). Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.


Summaries of

People v. Morales

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1991
173 A.D.2d 743 (N.Y. App. Div. 1991)
Case details for

People v. Morales

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE MORALES…

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

Date published: May 28, 1991

Citations

173 A.D.2d 743 (N.Y. App. Div. 1991)
570 N.Y.S.2d 361

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