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People v. Frazier

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1991
171 A.D.2d 809 (N.Y. App. Div. 1991)

Opinion

March 18, 1991

Appeal from the County Court, Nassau County (Thorp, J.).


Ordered that the judgments are affirmed.

On appeal the defendant contends that the stop of his vehicle on the Southern State Parkway was improper because the State Troopers lacked reasonable suspicion to believe that he committed a speeding violation, and because the State Troopers' claim that the stop was predicated upon a traffic infraction was pretextual. However, since neither of these arguments was advanced before the hearing court, they are unpreserved for appellate review (see, People v Tutt, 38 N.Y.2d 1011; People v Burgess, 168 A.D.2d 685). In any event, contrary to the defendant's contentions, the State Troopers' uncontroverted testimony that they observed him driving at a speed of 35 to 40 miles per hour on the parkway entrance ramp, which has a posted speed limit of 20 miles per hour, provided reasonable grounds to suspect a violation of the Vehicle and Traffic Law, and justified the stop of the defendant's vehicle (see, Vehicle and Traffic Law § 1180 [d]; People Ellis, 62 N.Y.2d 393; People v Francois, 155 A.D.2d 685; People v Ricciardi, 149 A.D.2d 742).

Further, the defendant's challenge to the factual sufficiency of his plea allocution under Indictment No. 71221 to the crime of attempted robbery in the second degree is unpreserved for appellate review (see, People v Lopez, 71 N.Y.2d 662; People v Pellegrino, 60 N.Y.2d 636). In any event, by pleading guilty to a lesser crime in full satisfaction of that charged in the indictment, the defendant forfeited the right to challenge the factual basis of the plea (see, People v Pelchat, 62 N.Y.2d 97; People v McVay, 148 A.D.2d 474).

We have examined the defendant's remaining contention, and find it to be unpreserved for appellate review. Mangano, P.J., Brown, Sullivan and Eiber, JJ., concur.


Summaries of

People v. Frazier

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1991
171 A.D.2d 809 (N.Y. App. Div. 1991)
Case details for

People v. Frazier

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW FRAZIER…

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

Date published: Mar 18, 1991

Citations

171 A.D.2d 809 (N.Y. App. Div. 1991)

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