From Casetext: Smarter Legal Research

People v. Poleto

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 668 (N.Y. App. Div. 1998)

Opinion

July 9, 1998

Appeal from the Supreme Court, (Teresi, J.).


Pursuant to a plea agreement, defendant pleaded guilty to two counts of attempted burglary in the second degree in satisfaction of a multicount indictment and was sentenced as a second felony offender to consecutive prison terms of 2 1/2 to 5 years. Inasmuch as defendant waived his right to appeal as part of his voluntary guilty plea, his contention that the sentences were harsh and excessive are unpreserved for our review ( see, People v. Moneyhan, 248 A.D.2d 756). Nevertheless, were we to consider this assertion, we would find it to be without merit. In view of the fact that the agreed-upon sentences significantly reduced defendant's potential sentence exposure if convicted of all charges in the indictment, together with defendant's extensive criminal history, we would find that the sentences imposed were neither harsh nor excessive and would find no extraordinary circumstances warranting a reduction of the sentences in the interest of justice ( see, People v. Spanos, 224 A.D.2d 732, 733; People v. Smith, 207 A.D.2d 926, 927, lv denied 84 N.Y.2d 1039).

Mikoll, J.P., White, Peters, Spain and Graffeo, JJ., concur.

Ordered that the judgment is affirmed.


Summaries of

People v. Poleto

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 668 (N.Y. App. Div. 1998)
Case details for

People v. Poleto

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW POLETO…

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

Date published: Jul 9, 1998

Citations

252 A.D.2d 668 (N.Y. App. Div. 1998)
675 N.Y.S.2d 915

Citing Cases

People v. Walker

The failure of defendant to fully cooperate as anticipated authorizes County Court to impose a sentence…

People v. Stamps

Inasmuch as defendant had knowledge prior to entering his plea of the very information he contends the…