People v. Salvagni
| Decision Date | 09 December 1993 |
| Citation | 199 A.D.2d 680,605 N.Y.S.2d 125 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Lawrence P. SALVAGNI, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Roche, Corrigan, McCoy & Bush (Joseph M. McCoy, of counsel), Albany, for appellant.
Sol Greenberg, Dist. Atty. (Risa L. Viglucci, of counsel), Albany, for respondent.
Before WEISS, P.J., and MERCURE, CARDONA, WHITE and MAHONEY, JJ.
Appeal from a judgment of the County Court of Albany County (Turner Jr., J.), rendered December 30, 1992, convicting defendant upon his plea of guilty of the crimes of driving while intoxicated and criminally negligent homicide.
Defendant was convicted of the crimes of criminally negligent homicide and driving while intoxicated. Defendant's convictions arise out of a single-car accident in the Town of Westerlo, Albany County, on March 21, 1992, in which his teen-age companion, a passenger, was killed. Defendant, the operator of the vehicle, was intoxicated and driving at an excessive rate of speed at the time of the accident. At the sentencing following defendant's negotiated plea of guilty, County Court denied defendant's request for adjudication as a youthful offender and imposed the bargained-for sentences of imprisonment of 1 1/3 to 4 years on the conviction for criminally negligent homicide and a concurrent, definite sentence of one year on the conviction for driving while intoxicated. On this appeal, defendant contends that (1) the sentence imposed was violative of a commitment made by County Court during the plea bargaining process to grant youthful offender treatment, (2) attendant media coverage and public sentiment at the sentencing affected the court's decision to deny youthful offender status, and (3) the court abused its discretion in denying youthful offender status.
Initially, we note that the first enumerated issue has not been preserved for appellate review, as defendant did not raise it before County Court either by way of objection at sentencing or by way of a postjudgment motion to vacate his plea (see, People v. Ellis, 162 A.D.2d 701, 558 N.Y.S.2d 82 lv. denied 76 N.Y.2d 892, 561 N.Y.S.2d 555, 562 N.E.2d 880; cf., People v. Bell, 47 N.Y.2d 839, 840, 418 N.Y.S.2d 584, 392 N.E.2d 570). In any event, the promise that defendant claims was made appears nowhere in the record and is contradicted by defendant's acknowledgement at the time of his guilty plea that no other promises or representations were made to induce...
To continue reading
Request your trial
-
People v. Decker
...26 A.D.3d 797, 798, 810 N.Y.S.2d 270 [2006], lv. denied 6 N.Y.3d 854, 816 N.Y.S.2d 760, 849 N.E.2d 983 [2006] ; People v. Salvagni, 199 A.D.2d 680, 680, 605 N.Y.S.2d 125 [1993] ; People v. Sanchez, 184 A.D.2d 537, 538, 584 N.Y.S.2d 164 [1992], lv. denied 80 N.Y.2d 909, 588 N.Y.S.2d 835, 602......
-
People v. Martin
...else had made any promises concerning his sentence and there were no other conditions to the plea (see, People v. Frederick, supra; People v. Salvagni, supra; see also, People v. Selikoff, 35 N.Y.2d 227, 360 N.Y.S.2d 623, 318 N.E.2d 784, cert. denied 419 U.S. 1122, 95 S.Ct. 806, 42 L.Ed.2d ......
- Major v. Community General Hosp.
-
People v. Roberts, 13582
...in sentencing defendant (see, People v Huertas, 85 N.Y.2d 898, 899; People v Sloan, 228 A.D.2d 974, lv denied 88 N.Y.2d 1024; People v Salvagni, 199 A.D.2d 680). The appropriate remedy is to vacate the sentence and remit the matter for resentencing before a different Mercure, J.P., Peters, ......