People v. Statini
| Decision Date | 28 May 2014 |
| Citation | 2014 N.Y. Slip Op. 03871,986 N.Y.S.2d 624,117 A.D.3d 1089 |
| Parties | The PEOPLE, etc., respondent, v. Daniel STATINI, appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Jeanette Madera, Poughkeepsie, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, CHERYL E. CHAMBERS, and LEONARD B. AUSTIN, JJ.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered April 16, 2013, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was invalid is not preserved for appellate review, since he failed to raise this issue prior to sentencing ( see People v. Jackson, 114 A.D.3d 807, 979 N.Y.S.2d 704;People v. Cantoni, 112 A.D.3d 733, 976 N.Y.S.2d 396). In any event, the record of the plea proceedings fully demonstrates that the defendant's plea of guilty was knowingly, voluntarily, and intelligently entered ( see People v. Ross, 113 A.D.3d 877, 979 N.Y.S.2d 160;People v. Wolven, 105 A.D.3d 782, 961 N.Y.S.2d 794).
Contrary to the defendant's contention, he received meaningful representation from counsel throughout the proceedings ( see generally People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584;People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.
To continue reading
Request your trial
- People v. Sabo
-
People v. Yanez-Mejia
...904, 906, 690 N.Y.S.2d 501, 712 N.E.2d 668; People v. Lopez,71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5; People v. Statini,117 A.D.3d 1089, 1089, 986 N.Y.S.2d 624). In any event, the record of the plea proceedings fully demonstrates that the defendant's plea was knowingly, voluntaril......
-
People v. Anderson
...plea was knowing, voluntary, and intelligent (see People v. Yanez–Mejia, 133 A.D.3d 801, 19 N.Y.S.3d 176 ; People v. Statini, 117 A.D.3d 1089, 1090, 986 N.Y.S.2d 624 ). The defendant's conclusory allegation that he was confused at the time of the plea is belied by his lucid and appropriate ......
- New v. Sharma