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People v. Chaplin

Appellate Division of the Supreme Court of New York, Third Department
Dec 5, 1991
178 A.D.2d 685 (N.Y. App. Div. 1991)

Opinion

December 5, 1991

Appeal from the County Court of Rensselaer County (Ceresia, Jr., J.).


Defendant's failure to move to withdraw his guilty plea or to make a postverdict motion to vacate the judgment of conviction precludes appellate review of the sufficiency of the plea allocution (see, People v Lopez, 71 N.Y.2d 662, 665; People v Claudio, 64 N.Y.2d 858). Even were we to address this issue, the record indicates that defendant understood the significance and effect of his plea and what rights he was waiving; therefore, the plea was knowingly, intelligently and voluntarily made (see, People v Clickner, 128 A.D.2d 917, lv denied 70 N.Y.2d 644). Finally, as defendant failed to assert at the time of sentencing his entitlement to youthful offender status, he has waived any right thereto (see, People v McGowen, 42 N.Y.2d 905, 906; People v Morrow, 129 A.D.2d 863, 864, lv denied 70 N.Y.2d 651).

Weiss, J.P., Mikoll, Yesawich Jr., Levine and Mercure, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Chaplin

Appellate Division of the Supreme Court of New York, Third Department
Dec 5, 1991
178 A.D.2d 685 (N.Y. App. Div. 1991)
Case details for

People v. Chaplin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL CHAPLIN…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 5, 1991

Citations

178 A.D.2d 685 (N.Y. App. Div. 1991)
577 N.Y.S.2d 158

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