People v Aliano

People v Aliano 2014 NY Slip Op 02602 Decided on April 16, 2014 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 16, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
2012-05954
(Ind. No. 2462-11)

[*1]The People of the State of New York, respondent,

v

Robert Aliano, appellant.




Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel),
for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael
J. Brennan of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered June 7, 2012, convicting him of attempted murder in the second degree, criminal use of a firearm in the first degree, reckless endangerment in the first degree, criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree, menacing in the second degree (three counts), and criminal obstruction of breathing, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Since the defendant failed to either object to the enhanced sentence imposed or move to withdraw his plea of guilty, and, indeed, chose to accept that enhanced sentence, the defendant's argument that the County Court erred in imposing the enhanced sentence is unpreserved for appellate review (see People v Scoca, 38 AD3d 801; People v Pryor, 11 AD3d 565). In any event, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
RIVERA, J.P., DICKERSON, COHEN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court