People v. Kirzoncic

CourtNew York Supreme Court Appellate Division
Citation975 N.Y.S.2d 890,112 A.D.3d 651,2013 N.Y. Slip Op. 08099
PartiesThe PEOPLE, etc., respondent, v. Robert M. KIRZONCIC, Jr., appellant.
Decision Date04 December 2013

112 A.D.3d 651
975 N.Y.S.2d 890
2013 N.Y. Slip Op. 08099

The PEOPLE, etc., respondent,
v.
Robert M. KIRZONCIC, Jr., appellant.

Supreme Court, Appellate Division, Second Department, New York.

Dec. 4, 2013.


Defazio & Zeidan, LLP, Poughkeepsie, N.Y. (Anthony M. Defazio of counsel), for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.


Appeal by the defendant, as limited by his motion, from an amended sentence of the County Court, Dutchess County (Greller, J.), imposed July 18, 2013, on the

[975 N.Y.S.2d 891]

ground that the amended sentence was excessive.

ORDERED that the amended sentence is affirmed.

The amended sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

The defendant's remaining contentions are without merit.

ENG, P.J., DILLON, BALKIN, COHEN and HINDS–RADIX, JJ., concur.

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2 practice notes
  • People v. Ayala
    • United States
    • New York Supreme Court Appellate Division
    • December 4, 2013
    ...forfeiting by pleading guilty, the question “you're going to have to waive your right to appeal both the plea and the sentence. Do you [975 N.Y.S.2d 890]understand that?” was insufficient to insure that the defendant grasped the distinction between rights automatically forfeited upon a plea......
  • Kirzoncic v. New York, 15-CV-0789 (KMK)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • October 2, 2019
    ...No. 8-6).) Following a direct appeal, the Second Department affirmed Petitioner's conviction on December 4, 2013. People v. Kirzoncic, 112 A.D.3d 651 (2d Dep't 2013). Petitioner's leave to file an appeal was denied by the New York Court of Appeals on May 26, 2014. See People v. Page 2 Kirzo......
2 cases
  • People v. Ayala
    • United States
    • New York Supreme Court Appellate Division
    • December 4, 2013
    ...forfeiting by pleading guilty, the question “you're going to have to waive your right to appeal both the plea and the sentence. Do you [975 N.Y.S.2d 890]understand that?” was insufficient to insure that the defendant grasped the distinction between rights automatically forfeited upon a plea......
  • Kirzoncic v. New York, 15-CV-0789 (KMK)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • October 2, 2019
    ...No. 8-6).) Following a direct appeal, the Second Department affirmed Petitioner's conviction on December 4, 2013. People v. Kirzoncic, 112 A.D.3d 651 (2d Dep't 2013). Petitioner's leave to file an appeal was denied by the New York Court of Appeals on May 26, 2014. See People v. Page 2 Kirzo......

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