People v. Montanye, 112 A.D.3d 971 (N.Y. App. Div. 2013). · Go Syfert
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People v. Montanye, 112 A.D.3d 971 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Morgado (nyappdiv, 2016-11-02)
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discussed Cited as authority (rule) People v. Morgado
N.Y. App. Div. · 2016 · confidence medium
The defendant’s challenges to the voluntariness of his plea of guilty are unpreserved for appellate review because his motion to withdraw his plea was not made on the grounds he now urges (see People v Ovalle, 112 AD3d 971, 972 [2013]; People v Pelaez, 100 AD3d 803, 804 [2012]; People v Thomas, 89 AD3d 964, 964-965 [2011], affd 22 NY3d 168 [2013]).
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The People of the State of New York
v.
Lee J. Montanye
Appellate Division of the Supreme Court of the State of New York.
Dec 26, 2013.
112 A.D.3d 971
Published

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (De Rosa, J.), imposed May 30, 2012, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant’s contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, EJ., Rivera, Leventhal and Sgroi, JJ., concur.