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People v. Carlo

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 8, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
MICHAEL CARLO, APPELLANT.

Appeal by the defendant from a judgment of the County Court, Westchester County (Cacace, J.), rendered June 25, 2008, convicting him of grand larceny in the third degree, upon his plea of guilty, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J.P., FRED T. SANTUCCI, THOMAS A. DICKERSON, CHERYL E. CHAMBERS and PLUMMER E. LOTT, JJ.

(Ind. No. 07-01541)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the court failed to abide by its sentencing promise is unpreserved for appellate review since he did not raise it at the time of sentencing, and did not move to withdraw his plea on that ground (see People v Velez, 64 AD3d 799; People v Scott, 39 AD3d 570). In any event, that contention, as well as his claim that he was denied the effective assistance of counsel, are without merit.

FISHER, J.P., SANTUCCI, DICKERSON, CHAMBERS and LOTT, JJ., concur.

20091208

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