People v. Moquette
| Decision Date | 20 January 1994 |
| Citation | 200 A.D.2d 854,606 N.Y.S.2d 820 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Euraldo MOQUETTE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Martin Cirincione, Public Defender, Schenectady, for appellant.
Robert M. Carney, Dist. Atty. (Alfred D. Chapleau, of counsel), Schenectady, for respondent.
Before CARDONA, P.J., and MIKOLL, CREW, WHITE and WEISS, JJ.
Appeal from a judgment of the County Court of Schenectady County (Aison, J.), rendered April 16, 1991, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree.
Despite being sentenced in accordance with the terms of a plea bargain, defendant is claiming that he should be resentenced because when it sentenced him County Court allegedly relied on inaccurate and prejudicial statements contained in the presentence investigation report. Inasmuch as defendant is not challenging the legality of the sentence, this appeal is precluded by his waiver of his right to appeal which we find was knowingly and voluntarily made (see, People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Seaberg, 74 N.Y.2d 1, 9, 543 N.Y.S.2d 968, 541 N.E.2d 1022; People v. Govan, 199 A.D.2d 815, 605 N.Y.S.2d 555; People v. Korona, 197 A.D.2d 788, 603 N.Y.S.2d 88). Additionally, this appeal is foreclosed by defendant's failure to object at the time of sentencing (see, People v. De Torres, 96 A.D.2d 609, 464 N.Y.S.2d 608). Were we to reach the merits, we would affirm because the allegedly prejudicial information did not induce County Court to retract its promise to impose the sentence contemplated by the plea bargain.
ORDERED that the judgment is affirmed.
To continue reading
Request your trial
-
People v. Guyette
...112 A.D.3d 644, 645, 976 N.Y.S.2d 187 [2013], lv. denied 22 N.Y.3d 1136, 983 N.Y.S.2d 495, 6 N.E.3d 614 [2014]; People v. Moquette, 200 A.D.2d 854, 854, 606 N.Y.S.2d 820 [1994], lv. denied 83 N.Y.2d 874, 613 N.Y.S.2d 135, 635 N.E.2d 304 [1994] ). Although defendant's challenge to the volunt......
-
People v. Guyette
...112 A.D.3d 644, 645, 976 N.Y.S.2d 187 [2013], lv. denied 22 N.Y.3d 1136, 983 N.Y.S.2d 495, 6 N.E.3d 614 [2014] ; People v. Moquette, 200 A.D.2d 854, 854, 606 N.Y.S.2d 820 [1994], lv. denied 83 N.Y.2d 874, 613 N.Y.S.2d 135, 635 N.E.2d 304 [1994] ). Although defendant's challenge to the volun......
-
People v. Williams
...23 A.D.3d 917, 918, 805 N.Y.S.2d 675 [2005], lv. denied 6 N.Y.3d 818, 812 N.Y.S.2d 458, 845 N.E.2d 1289 [2006]; People v. Moquette, 200 A.D.2d 854, 606 N.Y.S.2d 820 [1994], lv. denied 83 N.Y.2d 874, 613 N.Y.S.2d 135, 635 N.E.2d 304 [1994] ). Considering the injuries that defendant inflicted......
-
People v. Abdul
...see People v. Andre L., 18 A.D.3d 575, 576, 795 N.Y.S.2d 263; People v. Hicks, 201 A.D.2d 831, 832, 608 N.Y.S.2d 543; People v. Moquette, 200 A.D.2d 854, 606 N.Y.S.2d 820; cf. People v. Esquivel, 100 A.D.3d 652, 953 N.Y.S.2d 163). Similarly, the defendant's contention that the prosecutor, d......