From Casetext: Smarter Legal Research

People v. Valerio

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 1992
182 A.D.2d 849 (N.Y. App. Div. 1992)

Opinion

April 27, 1992

Appeal from the Supreme Court, Kings County (Juviler, J.).


Ordered that the judgment is affirmed.

The defendant's contentions are unpreserved for appellate review, as he failed to move to withdraw his plea or to raise these issues in the court of first instance (see, People v Pellegrino, 60 N.Y.2d 636; People v Dritto, 178 A.D.2d 428; People v Aloisi, 177 A.D.2d 491). In any event, the defendant's contentions provide no basis for relieving him of the terms of his plea.

The record does not support the defendant's claim that he was misled by the court as to his potential prosecution for murder in the second degree following his conviction of attempted murder in the second degree, in the event the victim subsequently died (see, CPL 40.20 [d]; Diaz v United States, 223 U.S. 442; People v Rivera, 60 N.Y.2d 110). Moreover, the court correctly advised the defendant of the maximum sentence he faced for attempted murder in the second degree (see, Penal Law § 70.06 [b]; [4] [b]). We find that the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit. Bracken, J.P., Eiber, O'Brien and Pizzuto, JJ., concur.


Summaries of

People v. Valerio

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 1992
182 A.D.2d 849 (N.Y. App. Div. 1992)
Case details for

People v. Valerio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SALVATORE VALERIO…

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

Date published: Apr 27, 1992

Citations

182 A.D.2d 849 (N.Y. App. Div. 1992)
582 N.Y.S.2d 802