Legal Opinion

People v. Aveni

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

Decided May 10, 2004PublishedCited by 4 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered March 15, 2002, convicting him of as*633sault in the second degree (two counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that his plea was not knowing and voluntary because the court did not clearly inform him that its sentencing promise differed from the People’s recommendation is unpreserved for appellate review since he did not move to withdraw his plea or to vacate the judgment on these grounds (see People v Demosthene, 2…

2Cases cited3 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. SeabergNew York Court of Appeals · 1989
  3. People v. DemostheneAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by4 opinions

  1. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. RomanAppellate Division of the Supreme Court of the State of New York · 2004
  3. Westervelt v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. AveniAppellate Division of the Supreme Court of the State of New York · 2005

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