Legal Opinion
People v. Tessitore
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2012PublishedCited by 9 opinions
1Opinion of the Court
Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]), defendant contends that the sentence is unduly harsh and severe and that the award of restitution is unlawful. Defendant’s challenge to the severity of the sentence is encompassed by his valid waiver of the right to *1622appeal (see People v Lopez, 6 NY3d 248, 255-256 [2006]; People v Harris, 94 AD3d 1484, 1485 [2012], lv denied 19 NY3d 961 [2012]; People v Gordon, 89 AD3d 1466, 1466 [2011], lv denied 18 NY3d 957 [2012]).
Defendant’s challenge…
2Cases cited5 opinions
- People v. LopezNew York Court of Appeals · 2006
- People v. Jorge N.T.Appellate Division of the Supreme Court of the State of New York · 2010
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SweeneyAppellate Division of the Supreme Court of the State of New York · 2004
- People v. SpencerAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by9 opinions
- SPENCER, IV, HENRY S., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- BURNS, BRADLEE E., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
- CANDELARIA, DOMINGO E., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- FONTAINE, JON T., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
- LUCIEER, TERRANCE F., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
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