People v. Gaglio

• Decision Date: 11 March 1991
• Parties: The PEOPLE, etc., Respondent, v. Robert GAGLIO, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 486

567 N.Y.S.2d 486

171 A.D.2d 754

The PEOPLE, etc., Respondent, v. Robert GAGLIO, Appellant.

Supreme Court, Appellate Division,

Second Department.

March 11, 1991.

John F. Clennan, Ronkonkoma, for appellant.

Carl A. Vergari, Dist. Atty., White Plains (Bruce Edward Kelly, of counsel, Carolyn Signorelli, on the brief), for respondent.

Before BRACKEN, J.P., and BROWN, O'BRIEN and RITTER, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the County Court, Westchester County (LaCava, J.), rendered July 25, 1989, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's guilty plea was entered knowingly and voluntarily. Moreover, he specifically stated that he was withdrawing all motions, pending and decided, and that he understood that, as a condition of his plea, he would be unable to appeal any of the rulings of the court with respect to pretrial motions and hearings. Thus, we find that the defendant knowingly and voluntarily waived his right to seek appellate review of the denial of his suppression motion (see, People v. Williams, 36 N.Y.2d 829, 370 N.Y.S.2d 904, 331 N.E.2d 684, cert. denied 423 U.S. 873, 96 S.Ct. 141, 46 L.Ed.2d 104; People v. Roberts, 152 A.D.2d 678, 544 N.Y.S.2d 157; People v. Andrews, 146 A.D.2d 787, 537 N.Y.S.2d 268).

The defendant received the sentence which he had been promised and thus he will not now be heard to complain that it is excessive (see, People v. Brown, 153 A.D.2d 754, 544 N.Y.S.2d 887; People v. Green, 151 A.D.2d 693, 542 N.Y.S.2d 748; People v. Kazepis, 101 A.D.2d 816, 475 N.Y.S.2d 351). In any event, under the circumstances of this case, we find that the sentence imposed was not unduly harsh or excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).