Appellate Division of the Supreme Court of New York, 2012

People v. Iadicicco

Appellate Division of the Supreme Court of New York · Decided November 15, 2012 · Peters

100 A.D.3d 1147; 953 N.Y.S.2d 904

Cases that cite this one

9 later published cases cite this decision.

People v. Horton (Appellate Division of the Supreme Court of New York 2016)
People v. MacDonald (Appellate Division of the Supreme Court of New York 2014)
People v. MacDonald (Appellate Division of the Supreme Court of New York 2014)
People v. Barkley (Appellate Division of the Supreme Court of New York 2014)
People v. Barkley (Appellate Division of the Supreme Court of New York 2014)
People v. Gryner (Appellate Division of the Supreme Court of New York 2014)
People v. Gryner (Appellate Division of the Supreme Court of New York 2014)
People v. Stroman (Appellate Division of the Supreme Court of New York 2013)
People v. Stroman (Appellate Division of the Supreme Court of New York 2013)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Peters, EJ.

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered October 12, 2010, convicting defendant upon her plea of guilty of the crime of burglary in the second degree.

Defendant pleaded guilty to burglary in the second degree and was sentenced, in accordance with the plea agreement, to 372 years in prison followed by five years of postrelease supervision. Defendant appeals.

Defendant’s contention that she was denied the effective assistance of counsel given counsel’s failure to request a Mapp hearing is unpreserved for our review inasmuch as the record before us does not indicate that defendant moved to withdraw her plea or vacate the judgment of conviction (see People v Shiels, 93 AD3d 992 [2012]; People v Campbell, 81 AD3d 1184, 1185 [2011]). Defendant’s further claim that the sentence imposed was harsh and excessive is without merit, as County Court imposed the minimum legally permissible sentence for burglary in the second degree (see Penal Law § 70.02 [3] [b]).

Rose, Spain, McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.