PEOPLE v. GIRALDO


59 A.D.3d 636 (2009)

874 N.Y.S.2d 187

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN GIRALDO, Appellant.

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

Decided February 17, 2009.


Ordered that the judgment is affirmed.

The defendant was sentenced, upon his plea of guilty, inter alia, to consecutive determinate prison terms aggregating to 30 years plus five years of postrelease supervision. He now contends that as a result of the application of Penal Law § 70.30 (1) (e) (vii), his plea was not knowing, voluntary, and intelligent. This contention is without merit, because Penal Law § 70.30 (1) (e) (vii) does not apply, as the consecutive...

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