People v. Looney, W125

Decision Date24 June 1985
Docket NumberNos. 2196,No. W125,W125,s. 2196
Citation111 A.D.2d 934,491 N.Y.S.2d 43
PartiesThe PEOPLE, etc., Respondents, v. Gary LOONEY, Appellant (S.C.I./83 and Ind./83 and 2273/83)
CourtNew York Supreme Court — Appellate Division

C. Whitman Hobbs, Setauket, for appellant.

Patrick Henry, Dist. Atty., Riverhead (Mark D. Cohen, Riverhead, of counsel), for respondent.

Before MANGANO, J.P., and BRACKEN, RUBIN and KUNZEMAN, JJ.

MEMORANDUM BY THE COURT.

Appeals by the defendant from (1) an amended judgment of the County Court, Suffolk County, rendered March 8, 1984, which, after a hearing on December 16, 1983 wherein defendant was found to have violated the conditions of his probation, vacated his sentence of five years probation and resentenced him to an indeterminate term of two to six years imprisonment, and (2) a judgment of the same court, rendered May 14, 1984, convicting him of manslaughter in the first degree, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment of 12 1/2 to 25 years as a second-felony offender, said sentence to be concurrent with the one imposed on March 8, 1984.

Amended judgment and judgment affirmed.

Neither the record nor the cases cited by defendant provides any support for defendant's contentions that the proof adduced at his probation violation hearing was insufficient to sustain the finding that he violated the conditions of his probation.

Defendant's argument that his guilty plea to manslaughter in the first degree was not knowingly and voluntarily made was not preserved for appellate review since he did not move to withdraw his plea or vacate the judgment in the court of first instance (People v. Pascale, 48 N.Y.2d 997, 425 N.Y.S.2d 547, 401 N.E.2d 904; People v. Perkins, 89 A.D.2d 956, 454 N.Y.S.2d 100).

Defendant also argues that the sentences imposed on him were harsh and excessive. He offers no valid reason why the sentences imposed upon him, which were within the statutory maximum, should be disturbed (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

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2 cases
  • People v. Tong
    • United States
    • New York Supreme Court Appellate Division
    • 28 Abril 1997
    ......Marrero, 162 A.D.2d 419, 557 N.Y.S.2d 73; People v. Looney, 111 A.D.2d 934, 491 N.Y.S.2d 43; see also, People v. Valdivia, 198 A.D.2d 246, 604 N.Y.S.2d 807). The defendant's contentions that his plea ......
  • People v. McMillan
    • United States
    • New York Supreme Court Appellate Division
    • 24 Junio 1985

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