From Casetext: Smarter Legal Research

People v. Cherlea

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 338 (N.Y. App. Div. 1999)

Opinion

Submitted June 14, 1999

October 4, 1999

Appeals by the defendant from three judgments of the Supreme Court, Queens County (Golia, J.).


ORDERED that the judgments are affirmed.

The defendant's various claims of illegal police conduct, as well as his claim that his sentences were excessive, are not reviewable, since the record shows that he voluntarily, knowingly, and intelligently waived those claims as a condition of his negotiated pleas and sentences ( see, People v. Callahan, 80 N.Y.2d 273: People v. Seaberg, 74 N.Y.2d 1; People v. Fields, 196 A.D.2d 550; People v. Burk, 181 A.D.2d 74). In any event, the defendant never filed a suppression motion and therefore his contentions regarding the alleged illegal police conduct are unpreserved for appellate review ( see, People v. Martin, 50 N.Y.2d 1029).

By pleading guilty, the defendant waived his current claim that the evidence before the Grand Jury was insufficient to support the charges ( see, People v. Dunbar, 53 N.Y.2d 868; People v. Kazmarick, 52 N.Y.2d 322). In any event, at the plea allocutions, the defendant admitted to all the material elements of the crimes to which he pleaded guilty.

The court did not err in denying the defendant's motion to withdraw his guilty pleas. The record indicates that at the time the defendant pleaded guilty to the charges, he understood the nature of the proceedings and charges against him, participated fully in the proceedings, and was fully able to assist in his own defense ( see, Dusky v. United States, 362 U.S. 402; People v. Francabandera, 33 N.Y.2d 429, 436; People v. Lucci, 250 A.D.2d 780; People v. Picozzi, 106 A.D.2d 413, 414).

The defendant's remaining contentions are without merit.

ALTMAN, J.P., KRAUSMAN, H. MILLER, and SCHMIDT, JJ., concur.


Summaries of

People v. Cherlea

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 338 (N.Y. App. Div. 1999)
Case details for

People v. Cherlea

Case Details

Full title:THE PEOPLE, etc., respondent, v. SORIN CHERLEA, appellant. (Ind. Nos…

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

Date published: Oct 4, 1999

Citations

265 A.D.2d 338 (N.Y. App. Div. 1999)
697 N.Y.S.2d 63

Citing Cases

PEOPLE v. HE

The defendant's claim that the trial court erred in allowing the prosecutor to impeach the defense witnesses…

People v. Caleca

ORDERED that the judgment is affirmed. By pleading guilty, the defendant waived his claim that the evidence…