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People v. Vega

Appellate Division of the Supreme Court of New York, Second Department
May 6, 2008
51 A.D.3d 694 (N.Y. App. Div. 2008)

Opinion

Nos. 2006-10265, 2006-10266.

May 6, 2008.

Appeals by the defendant from two judgments of the Supreme Court, Kings County (Brennan, J.), both rendered October 23, 2006, convicting him of burglary in the second degree and petit larceny, upon his pleas of guilty, under Kings County indictment Nos. 7244/00 and 7853/01, and imposing sentences.

Lynn W. L. Fahey, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Sabrina Thanse on the brief), for respondent.

Before: Fisher, J.P., Florio, Angiolillo, Dickerson and Belen, JJ.


Ordered that the judgments are affirmed.

Contrary to the defendant's contention, the sentencing minutes reveal that the court exercised discretion at sentencing ( cf. People v Farrar, 52 NY2d 302, 306; People v Tomlinson, 162 AD2d 563). Furthermore, the sentence imposed under indictment No. 7853/01 was not excessive ( see People v Suitte, 90 AD2d 80).

The defendant's valid waiver of his right to appeal from the judgment rendered under indictment No. 7244/00 forecloses review of his claim that the sentence imposed under that indictment was excessive ( see People v Nolcox, 40 AD3d 1128; People v Oquendo, 38 AD3d 686).


Summaries of

People v. Vega

Appellate Division of the Supreme Court of New York, Second Department
May 6, 2008
51 A.D.3d 694 (N.Y. App. Div. 2008)
Case details for

People v. Vega

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL VEGA, Appellant

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

Date published: May 6, 2008

Citations

51 A.D.3d 694 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 4380
855 N.Y.S.2d 915

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