People v. Stanzoni

• Decision Date: 03 February 1997
• Citation: 654 N.Y.S.2d 321,236 A.D.2d 430
• Parties: The PEOPLE, etc., Respondent, v. Anthony STANZONI, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 321

654 N.Y.S.2d 321

236 A.D.2d 430

The PEOPLE, etc., Respondent, v. Anthony STANZONI, Appellant.

Supreme Court of New York, Appellate Division Second Department.

Feb. 3, 1997.

Estelle Jana Roond, Brooklyn, for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie and Ann Bordley, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered November 9, 1994, as amended December 1, 1994, convicting him of attempted criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Appellate review of the issues which the defendant presently raises has been foreclosed by his entry of a valid plea of guilty (see, People v. Miles, 220 A.D.2d 254, 632 N.Y.S.2d 74; People v. Contestabile, 202 A.D.2d 442, 608 N.Y.S.2d 512; People v. Gerber, 182 A.D.2d 252, 589 N.Y.S.2d 171) as well as by his knowing, voluntary, and intelligent waiver of the right to appeal (see, People v. Holman, 89 N.Y.2d 876, 653 N.Y.S.2d 93, 675 N.E.2d 847; People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022; People v. Pimentel, 198 A.D.2d 309, 604 N.Y.S.2d 811; People v. Burk, 181 A.D.2d 74, 586 N.Y.S.2d 140). The defendant's attempts to obtain review by mischaracterizing the indictment as jurisdictionally defective and his sentence as cruel and unusual are...