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People v. Solerwitz

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 780 (N.Y. App. Div. 1991)

Opinion

April 22, 1991

Appeal from the Supreme Court, Nassau County (Santagata, J.).


Ordered that the judgments are affirmed.

The defendant's claim that his guilty pleas were induced by an unfulfilled sentencing promise is unpreserved for appellate review as he neither moved to withdraw his pleas nor to vacate the judgments upon this ground (see, CPL 470.05; People v Pellegrino, 60 N.Y.2d 636; People v. Kendall, 159 A.D.2d 727). In any event, the defendant's claim that his pleas were induced by the court's promise to impose concurrent sentences of no more than 4 to 12 years imprisonment is contradicted by the record, which establishes that all sentencing commitments were withdrawn prior to his change of pleas.

We further reject the defendant's contention that the court exceeded its statutory authority by directing him to make restitution of certain agreed-upon sums to those victims who were named in the indictments or who had filed criminal complaints against him. It is well settled that restitution may be imposed for related offenses which are part of the same criminal transaction, as well as for offenses which are satisfied "by any plea of guilty by the defendant to an offense" (Penal Law § 60.27; People v. Bresciano, 165 A.D.2d 815; People v. Palella, 148 A.D.2d 838; People v. Prewett, 126 A.D.2d 86). Since the restitution imposed by the court was expressly consented to by the defendant, and was in satisfaction of other criminal charges, we find no basis to disturb this aspect of the sentence (see, People v Bresciano, supra).

We find that the term of imprisonment imposed upon the defendant was neither unduly harsh nor excessive (see, People v Suitte, 90 A.D.2d 80).

We have examined the defendant's remaining contentions and find that they are either unpreserved for appellate review or without merit. Sullivan, J.P., Eiber, Miller and Ritter, JJ., concur.


Summaries of

People v. Solerwitz

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 780 (N.Y. App. Div. 1991)
Case details for

People v. Solerwitz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACK B. SOLERWITZ…

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

Date published: Apr 22, 1991

Citations

172 A.D.2d 780 (N.Y. App. Div. 1991)

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