PEOPLE v. GIACCHI

4732, 4305/14.

154 A.D.3d 544 (2017)

61 N.Y.S.3d 895

2017 NY Slip Op 07316

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH GIACCHI, Appellant.

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

Decided October 19, 2017.


Defendant did not preserve his claim that the court failed to apprehend and exercise its discretion to depart from a promised sentence (see People v McHale, 165 A.D.2d 800 [1st Dept 1990], lv denied 76 N.Y.2d 1023 [1990]). While defendant characterizes his claim as one of unlawful sentencing, he is essentially arguing that a substantively lawful sentence was imposed by way of a...

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