People v. Seminara

• Decision Date: 21 June 1976
• Citation: 53 A.D.2d 678,384 N.Y.S.2d 856
• Parties: The PEOPLE, etc., Respondent, v. Dominick SEMINARA, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 856

384 N.Y.S.2d 856

53 A.D.2d 678

The PEOPLE, etc., Respondent, v.Dominick SEMINARA, Appellant.

Supreme Court, Appellate Division, Second Department.

June 21, 1976.

Robert Rivers, Westbury, for appellant.

Denis Dillon, Dist. Atty., Mineola (W. Russell Corker and William C. Donnino, Mineola, of counsel), for respondent.

Before MARTUSCELLO, Acting P.J., and COHALAN, MARGETT, DAMIANI and HAWKINS, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the County Court, Nassau County, rendered July 21, 1975, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed (seePeople v. Lent, 50 A.D.2d 936, 378 N.Y.S.2d 641;cf.People v. Tinsley, 35 N.Y.2d 926, 365 N.Y.S.2d 161, 324 N.E.2d 544) and case remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50(subd. 5).

We note that defendant's claim of an off-the-record sentence promise or understanding is more properly asserted by motion pursuant to CPL article 440 (seePeople v. Wetmore, 51 A.D.2d 591, 379 N.Y.S.2d 114).