People v John Castagna

People v Castagna 2005 NY Slip Op 03681 [18 AD3d 475] May 2, 2005 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 20, 2005

The People of the State of New York, Respondent,
v
John Castagna, Appellant.

—[*1]Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered June 2, 2003, convicting him of attempted reckless endangerment in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's waiver of his right to appeal encompassed his right to challenge his sentence as excessive (see People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Iorio, 276 AD2d 564 [2000]). Moreover, since the defendant was a second felony offender, the sentence imposed was required to run consecutively to the undischarged sentence on the defendant's prior conviction (see Penal Law § 70.25 [2-a]; Matter of Madison v Goord, 274 AD2d 483, 484 [2000]; People v Hansen, 267 AD2d 474 [1999]). Florio, J.P., Krausman, Crane, Rivera and Fisher, JJ., concur.