PEOPLE v. FRANCESCHINI


48 A.D.3d 252 (2008)

849 N.Y.S.2d 778

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINERIO FRANCESCHINI, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 7, 2008.


Defendant made a valid waiver of his right to appeal, in which the court elicited such a waiver as part of the plea agreement, and separate from the rights automatically forfeited by a guilty plea (see People v Lopez, 6 N.Y.3d 248, 256-257 [2006]). The waiver forecloses appellate review of defendant's excessive sentence claim. In any event, we perceive no basis for reducing the sentence.

As the People concede, since the crimes...

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