People v. Tuzzio

• Decision Date: 24 May 1999
• Citation: 688 N.Y.S.2d 913,261 A.D.2d 644
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>NICHOLAS TUZZIO, Appellant.
• Court: New York Supreme Court — Appellate Division

261 A.D.2d 644

688 N.Y.S.2d 913

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.NICHOLAS TUZZIO, Appellant.

Decided May 24, 1999.

Sullivan, J. P., Krausman, Florio and Smith, JJ., concur.

Ordered that the judgment is affirmed.

The court did not improvidently exercise its discretion in sentencing the defendant as a persistent felony offender (see, Penal Law § 70.10 [1]). The record reflects that the sentence was appropriate in that "the history and character of the defendant and the nature and circumstances of his criminal conduct indicate that extended incarceration and life-time supervision will best serve the public interest" (Penal Law § 70.10 [2]; see, CPL 400.20 [1]; People v Andre, 232 AD2d 884).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.