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People v. Edwards

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 2001
288 A.D.2d 234 (N.Y. App. Div. 2001)

Opinion

Argued October 9, 2001.

November 5, 2001.

Appeals by the defendant from two judgments of the County Court, Nassau County (Kowtna, J.), both rendered November 10, 1998, convicting him of burglary in the second degree under S.C.I. No. 2768/98 and criminal possession of stolen property in the fifth degree under S.C.I. No. 2769/98, upon his pleas of guilty, and imposing sentences.

Andrew E. MacAskill, Farmingdale, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Bruce E. Whitney of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, P.J., LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


ORDERED that the judgments are affirmed.

The defendant failed to preserve the issue of whether he should have been given the opportunity to withdraw his pleas when he was sentenced to a term greater than that originally indicated at the time of his pleas (see, People v. Lopez, 71 N.Y.2d 662; People v. Corona, 276 A.D.2d 639; People v. Wright, 273 A.D.2d 419). The defendant's pleas were knowingly, voluntarily, and intelligently made (see, People v. Garcia, 92 N.Y.2d 869; People v. Eschenberg, 275 A.D.2d 719).

BRACKEN, P.J., McGINITY, LUCIANO and FEUERSTEIN, JJ., concur.


Summaries of

People v. Edwards

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 2001
288 A.D.2d 234 (N.Y. App. Div. 2001)
Case details for

People v. Edwards

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. DWAYNE EDWARDS, APPELLANT

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

Date published: Nov 5, 2001

Citations

288 A.D.2d 234 (N.Y. App. Div. 2001)
732 N.Y.S.2d 362