Legal Opinion

People v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 2000PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25). Defendant failed to preserve for our review his contention that County Court erred in failing to exercise its discretion under Penal Law § 70.45 (2) by specifying the period of post-release supervision imposed (cf., People v Wright, 270 AD2d 829; People v King, 254 AD2d 814, lv denied 92 NY2d 983), and we decline to exercise our power to review that contention as a matter of discretion in the interest of…

2Cases cited2 opinions

  1. People v. KingAppellate Division of the Supreme Court of the State of New York · 1998
  2. In re the Dissolution of Can Plant Maintenance, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by1 opinion

  1. People v. WaldronAppellate Division of the Supreme Court of the State of New York · 2000

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