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People v. Campbell

Supreme Court, Appellate Division, First Department, New York.
Nov 14, 2017
155 A.D.3d 470 (N.Y. App. Div. 2017)

Opinion

3350N/13, 4958, 67N/14, 4957.

11-14-2017

The PEOPLE of the State of New York, Respondent, v. Earl CAMPBELL, Defendant–Appellant.

Marianne Karas, Thornwood, for appellant. Earl Campbell, appellant pro se. Cyrus R. Vance, Jr., District Attorney, New York (Sabrina Margret Bierer of Counsel), for respondent.


Marianne Karas, Thornwood, for appellant.

Earl Campbell, appellant pro se.

Cyrus R. Vance, Jr., District Attorney, New York (Sabrina Margret Bierer of Counsel), for respondent.

Judgments, Supreme Court, New York County (Bonnie Wittner, J.), rendered May 21, 2015, convicting defendant, upon his pleas of guilty, of criminal sale of a firearm in the first and second degrees and conspiracy in the fourth degree, and sentencing him to an aggregate term of 16 years, unanimously affirmed.

Defendant's challenges to the validity of his plea do not come within the narrow exception to the preservation requirement (see People v. Conceicao, 26 N.Y.3d 375, 382, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015] ), and we decline to review these unpreserved claims in the interest of justice. As an alternative holding, we find that the record as a whole establishes that the plea was knowingly, intelligently and voluntarily made. Defendant's challenges to the form and content of the plea colloquy are without merit (see e.g. People v. Rivera, 118 A.D.3d 626 [1st Dept.2014], lv. denied 24 N.Y.3d 964, 996 N.Y.S.2d 223, 20 N.E.3d 1003 [2014] ).

We perceive no basis for reducing the sentence.

We have considered and rejected defendant's pro se claims.

RICHTER, J.P., MAZZARELLI, KAHN, MOULTON, JJ., concur.


Summaries of

People v. Campbell

Supreme Court, Appellate Division, First Department, New York.
Nov 14, 2017
155 A.D.3d 470 (N.Y. App. Div. 2017)
Case details for

People v. Campbell

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Earl CAMPBELL…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Nov 14, 2017

Citations

155 A.D.3d 470 (N.Y. App. Div. 2017)
63 N.Y.S.3d 675

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