Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

People v. DeScisciolo

Supreme Court of New York, Second Department

August 28, 2013

The People of the State of New York, respondent,
v.
Gary G. DeScisciolo, appellant. Ind. No. 2007-10

Mark Diamond, New York, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.

REINALDO E. RIVERA, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL, JEFFREY A. COHEN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Efman, J.), rendered March 1, 2011, convicting him of grand larceny in the third degree and petit larceny, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the County Court did not comply with CPL 400.21 before adjudicating him a second felony offender is unpreserved for appellate review (see People v Winslow, 100 A.D.3d 1031, 1031), and we decline to reach it in the exercise of our interest of justice jurisdiction (see CPL 470.15[6][a]).

The defendant's contentions that the court violated his plea agreement by imposing restitution, and that the court failed to comply with Penal Law § 60.27 in determining the amount of restitution, are unpreserved for appellate review (see People v Niedwieski, 100 A.D.3d 1023, 1023, lv denied 21 N.Y.3d 913), and we decline to reach those claims in the exercise of our interest of justice jurisdiction (see People v Suarez, 103 A.D.3d 673, 673, lv denied 21 N.Y.3d 914).

RIVERA, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.