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People v. Ferrufino

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 2006
33 A.D.3d 623 (N.Y. App. Div. 2006)

Opinion

No. 2004-11230.

October 3, 2006.

Appeal by the defendant from a resentence of the County Court, Suffolk County (Weber, J.), imposed November 3, 2004, upon a judgment convicting him of manslaughter in the first degree, rendered August 11, 2004, upon his plea of guilty.

Before: Miller, J.P., Luciano, Rivera and Spolzino, JJ., concur.


Ordered that the resentence is affirmed.

The defendant's contentions that he was denied the effective assistance of counsel at the plea and the original sentence, and that his guilty plea was not voluntarily, knowingly, and intelligently entered are not reviewable by this Court because his appeal is only from the resentence ( see CPL 450.30; People v DeSpirito, 27 AD3d 479; People v Coble, 17 AD3d 1165; People v Luddington, 5 AD3d 1042).

Moreover, the resentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).

The defendant's remaining contention is without merit.


Summaries of

People v. Ferrufino

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 2006
33 A.D.3d 623 (N.Y. App. Div. 2006)
Case details for

People v. Ferrufino

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMAR FERRUFINO, Also…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 3, 2006

Citations

33 A.D.3d 623 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 7176
821 N.Y.S.2d 470

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