Legal Opinion

People v. Marciante

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

Decided November 16, 1990PublishedCited by 1 opinion

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant’s contention, raised for the first time on appeal, that the prosecutor violated the terms of the plea bargain by making a sentencing recommendation, has not been preserved for our review because defendant did not object to the prosecutor’s remarks at the sentencing (see, CPL 470.05 [2]; People v Stripling, 136 AD2d 772, 773). We decline to exercise our discretion to review this issue in the interest of justice (see, CPL 470.15 [6]). Finally, the sentence imposed was not harsh and excessive. (Appeal from judgment of Jefferson County Court,…

2Cases cited1 opinion

  1. People v. StriplingAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by1 opinion

  1. People v. CataldoAppellate Division of the Supreme Court of the State of New York · 1997

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