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People v. Lawrence

Appellate Division of the Supreme Court of New York, Second Department
Apr 23, 1984
100 A.D.2d 944 (N.Y. App. Div. 1984)

Opinion

April 23, 1984


Appeal by defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered October 28, 1981, convicting him of robbery in the second degree and criminal possession of a weapon in the third degree, upon a plea of guilty, and imposing sentence. ¶ Judgment affirmed. ¶ By failing to make a motion to withdraw the plea, defendant has failed to preserve the issue of the sufficiency of the allocution for appellate review (see, e.g., People v Pellegrino, 60 N.Y.2d 636; People v Asep, 97 A.D.2d 798; People v Collins, 97 A.D.2d 859). Review in the interest of justice is not warranted (cf. People v Diaz, 97 A.D.2d 851) as the allocution met the minimum requirements of People v Harris ( 61 N.Y.2d 9; see, also, People v Fishon, 97 A.D.2d 773). Defendant's pro se claims concerning the adequacy of counsel involve matters dehors the record and, thus, are more properly the focus of collateral proceedings (see People v Drummond, 99 A.D.2d 760). Mollen, P.J., Titone, Lazer and Mangano, JJ., concur.


Summaries of

People v. Lawrence

Appellate Division of the Supreme Court of New York, Second Department
Apr 23, 1984
100 A.D.2d 944 (N.Y. App. Div. 1984)
Case details for

People v. Lawrence

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCELLUS LAWRENCE…

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

Date published: Apr 23, 1984

Citations

100 A.D.2d 944 (N.Y. App. Div. 1984)

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