Opinion
2012-03-16
The PEOPLE of the State of New York, Respondent, v. Michael J. WELLS, also known as Michael Wells, Defendant–Appellant.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered December 9, 2009. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree.David J. Pajak, Alden, for defendant–appellant. Lawrence Friedman, District Attorney, Batavia (William G. Zickl of Counsel), for respondent.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered December 9, 2009. The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree.David J. Pajak, Alden, for defendant–appellant. Lawrence Friedman, District Attorney, Batavia (William G. Zickl of Counsel), for respondent.
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of robbery in the first degree (Penal Law § 160.15[4] ), defendant contends that we should have granted his pretrial motion to change venue, which was previously before us pursuant to CPL 230.20(2). Our prior decision denying that motion, which is unpublished, constitutes the law of the case ( see People v. Scalercio, 10 A.D.3d 697, 781 N.Y.S.2d 745, lv. denied 3 N.Y.3d 742, 786 N.Y.S.2d 821, 820 N.E.2d 300; People v. Knapp, 113 A.D.2d 154, 158, 495 N.Y.S.2d 985, cert. denied 479 U.S. 844, 107 S.Ct. 158, 93 L.Ed.2d 97), and defendant has made no showing that it “was based on manifest error, or that exceptional circumstances” warrant reconsideration of his motion ( Scalercio, 10 A.D.3d at 697, 781 N.Y.S.2d 745). The sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.