| People v Aliano |
| 2014 NY Slip Op 02602 [116 AD3d 874] |
| April 16, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Robert Aliano, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan ofcounsel), for respondent.
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 seconddegree, criminal use of a firearm in the first degree, reckless endangerment in the firstdegree, criminal possession of a weapon in the third degree, criminal possession of aweapon in the fourth degree, menacing in the second degree (three counts), and criminalobstruction 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 moveto withdraw his plea of guilty, and, indeed, chose to accept that enhanced sentence, thedefendant's argument that the County Court erred in imposing the enhanced sentence isunpreserved for appellate review (see People v Scoca, 38 AD3d 801 [2007]; People v Pryor, 11 AD3d565 [2004]). In any event, the sentence imposed was not excessive (see People vSuitte, 90 AD2d 80 [1982]). Rivera, J.P., Dickerson, Cohen, Hinds-Radix andMaltese, JJ., concur.