Although there are only two qualifications that can be considered as pertaining to skill in the position, the experience in sales or marketing, being energetic, youthful, and athletic can pertain to many different body types. Just because you are not young does not mean you are not youthful, also, just because you are not the typical slender body type, it does not mean you are not athletic. Petunia did have some retail sales experience although not in a strictly clothing type store, and they have the choice to hire whichever one they choose. However, this rule applies only if the employee is acting within the course and scope of employment.
Appeal No. Murphy of counselfor defendant-appellant. Steven Wisniewski, defendant-appellant pro se. Frank A. Powers of counselfor respondent. Eric T. Danzig of counselfor respondent.
The judgment convicted defendant, upon his plea of guilty, of grand larceny in the second degree. It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Supreme Court, Erie County, for resentencing.
Memorandum: In appeal No. In appeal No. At the outset, we conclude with respect to both appeals that defendant knowingly, voluntarily and intelligently waived his right to appeal, and that waiver encompasses his challenge to the severity of the sentences see People v Lopez, 6 NY3d.
Although defendant's challenges to the voluntariness of his pleas in each appeal survive his valid waiver of the right to appeal see People v Gimenez, 59 AD3d, lv denied 12 NY3d the contention in his main brief that his pleas were rendered involuntary by an alleged misstatement by Supreme Court concerning the maximum legal sentence for grand larceny in the third degree is not preserved for our review because he did not move to withdraw the pleas or to vacate the judgments of conviction on that ground see People v Halsey, AD3d.
We conclude in any event that the court "did not misinform him of the sentencing range to which he was exposed" People v Bloom, 96 AD3d, lv denied 19 NY3d .
The further contention in defendant's pro se supplemental brief that the pleas were coerced by the conduct of the court "is belied by [his] responses to [the court's] questions during the plea colloquy" Gimenez, 59 AD3d at ; see People v Montgomery, 63 AD3d, lv denied 13 NY3d .
We agree with defendant that the court did not validly order him to pay restitution at sentencing in connection with his guilty plea in appeal No. We therefore modify the judgment in appeal No.
We have considered the remaining contention raised in defendant's pro se supplemental brief with respect to both appeals and conclude that it is without merit. Present—Scudder, P.My teaching experience in the Department of Epidemiology has focused on epidemiological methods.
Over the course of my career I have been the primary instructor or a visiting lecturer for both Epidemiology (Epidemiology Method 1) and Epidemiology (Epidemiology Methods 2).
Unit 7 Written Assignment Sheri Wisniewski LS July 7, Kaplan University According to the advertisement, it states that it is preferred that the applicant have experience in retail sales or marketing, that they are energetic, youthful, athletic, and able to “sport” the clothing lines of .
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