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People v. Toscano

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 558 (N.Y. App. Div. 1996)

Opinion

February 13, 1996

Appeal from the County Court, Nassau County (DeRiggi, J.).


Ordered that the judgment is affirmed.

The defendant entered into this plea agreement knowingly and intelligently (see, People v. Harris, 61 N.Y.2d 9). Moreover, the defendant waived appellate review of any claims based upon proof which is not contained within the record by failing to move to vacate his plea, and by failing to seek leave to appeal from the order denying his motion to vacate his judgment of conviction or set aside his sentence (see, People v. Conte, 186 A.D.2d 579; see also, CPL 450.15; 460.15).

The defendant's remaining contentions are without merit. O'Brien, J.P., Copertino, Santucci and Krausman, JJ., concur.


Summaries of

People v. Toscano

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 558 (N.Y. App. Div. 1996)
Case details for

People v. Toscano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARTIN TOSCANO…

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

Date published: Feb 13, 1996

Citations

224 A.D.2d 558 (N.Y. App. Div. 1996)
638 N.Y.S.2d 335