People v. Marciante , 562 N.Y.S.2d 316 ( 1990 )


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  • Judgment unanimously affirmed. Memorandum: Defendant’s contention, raised for the first time on appeal, that the prosecutor violated the terms of the plea bargain by making a sentencing recommendation, has not been preserved for our review because defendant did not object to the prosecutor’s remarks at the sentencing (see, CPL 470.05 [2]; People v Stripling, 136 AD2d 772, 773). We decline to exercise our discretion to review this issue in the interest of justice (see, CPL 470.15 [6]). Finally, the sentence imposed was not harsh and excessive. (Appeal from judgment of Jefferson County Court, Clary, J.—attempted assault, first degree.) Present—Denman, J. P., Boomer, Pine, Balio and Davis, JJ.

Document Info

Citation Numbers: 167 A.D.2d 978, 562 N.Y.S.2d 316, 1990 N.Y. App. Div. LEXIS 14618

Filed Date: 11/16/1990

Precedential Status: Precedential

Modified Date: 10/31/2024