General

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

27 A.D.3d 479810 N.Y.S.2d 341·New York Supreme Court, Appellate Division·2006·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

The People of the State of New York, Respondent, v John DeSpirito, Appellant. [810 NYS2d 341] [MAJORITY] Appeal by the defendant.from a resentence of the Supreme Court, Suffolk County (Doyle, J.), imposed March 23, 2005, upon a judgment convicting him of sexual abuse in the first degree, rendered September 2, 2004, upon his plea of guilty. Ordered that the resentence is affirmed. The defendant’s challenge to his plea of guilty on the ground that he was not advised that he would be subject to postrelease supervision is not reviewable by this Court on his appeal only from the resentence (see CPL 450.30 [3]; People v Luddington, 5 AD3d 1042 [2004]). The defendant’s remaining contention is without merit. Miller, J.P., Crane, Krausman, Rivera, and Lifson, JJ., concur.