AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD LOPER, Appellant.

Ordered that the amended sentences are affirmed.

The defendant's contention that the court improperly resentenced him on the violations of probation because it lacked an updated presentence report is unpreserved for appellate review (CPL 470.05; People v Callahan, 80 N.Y.2d 273, 281; People v Lucci, 193 A.D.2d 623). Moreover, the defendant's waiver of his right to appeal, executed at the proceeding conducted on October 27, 1993, precludes him from arguing on appeal that the amended sentences which the court imposed are excessive (see, People v Seaberg, 74 N.Y.2d 1). Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. LOPER
(May 1, 1995)