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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1993
191 A.D.2d 512 (N.Y. App. Div. 1993)

Opinion

March 8, 1993

Appeal from the Supreme Court, Kings County (Goldstein, J.).


Ordered that the judgments are affirmed.

The defendant argues that his plea allocution under Indictment No. 16050/89 failed to establish that, at the time of his admitted participation in the robbery of the victim, he was "armed with a deadly weapon" (Penal Law § 160.15). This contention is not reviewable as a question of law, because the defendant did not move to withdraw his plea on this ground prior to the imposition of sentence (see, e.g., People v. Mackey, 77 N.Y.2d 846; People v. Pellegrino, 60 N.Y.2d 636; People v. Coombs, 138 A.D.2d 619; People v. Kruger, 132 A.D.2d 624; People v. Andre, 132 A.D.2d 560; see also, People v. Batts, 186 A.D.2d 208; cf., People v. Lopez, 71 N.Y.2d 662), and we decline to review this contention in the exercise of our interest of justice jurisdiction. Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1993
191 A.D.2d 512 (N.Y. App. Div. 1993)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH JOHNSON…

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

Date published: Mar 8, 1993

Citations

191 A.D.2d 512 (N.Y. App. Div. 1993)
596 N.Y.S.2d 711