People v. Caba

Decision Date28 April 1997
Citation657 N.Y.S.2d 963,238 A.D.2d 603
PartiesThe PEOPLE, etc., Respondent, v. Jose CABA, Appellant.
CourtNew York Supreme Court — Appellate Division

Stephen J. Pittari, White Plains (Robert W. Stieve, of counsel), for appellant.

Jeanine Pirro, District Attorney, White Plains (Christopher Michael Shaw and Richard E. Weill, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered July 11, 1996, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Although the defendant challenges the procedures employed by the court in determining the amount of restitution he has to pay as part of his sentence, he knowingly, intelligently, and voluntarily waived appellate review of this issue (see, People v. Callahan, 80 N.Y.2d 273, 280-281, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022).

MILLER, J.P., and THOMPSON, JOY and LUCIANO, JJ., concur.

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4 cases
  • People v. Hili
    • United States
    • New York Supreme Court — Appellate Division
    • February 7, 2018
    ...; People v. Ordover, 67 A.D.3d 824, 824, 887 N.Y.S.2d 858 ; People v. Williams, 62 A.D.3d 730, 731, 877 N.Y.S.2d 701 ; People v. Caba, 238 A.D.2d 603, 657 N.Y.S.2d 963 ).The defendant's contention that his attorney was ineffective is based, in part, on matter appearing on the record and, in......
  • People v. Cabrera
    • United States
    • New York Supreme Court — Appellate Division
    • April 28, 1997
  • People v. Butler
    • United States
    • New York Supreme Court — Appellate Division
    • April 28, 1997
  • People v. Caba
    • United States
    • New York Court of Appeals Court of Appeals
    • July 23, 1997

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