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People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1985
111 A.D.2d 189 (N.Y. App. Div. 1985)

Opinion

May 6, 1985

Appeal from the Supreme Court, Queens County (Giaccio, J.).


Judgment affirmed.

Contrary to defendant's claim, the record indicates that CPL 400.15 was complied with in sentencing defendant as a second violent felony offender ( see, People v. Brown, 54 A.D.2d 719). Also, inasmuch as defendant pleaded guilty with the understanding that he would receive the sentence which was actually imposed, he has no basis to complain that the sentence was excessive ( see, People v. Kazepis, 101 A.D.2d 816). We note that for the most part, defendant's claims of ineffective assistance of counsel require the making of an additional record, and should be determined by way of a collateral or postconviction proceeding pursuant to CPL 440.10 ( see, People v. Drummond, 99 A.D.2d 760). Defendant's other claims are unpreserved for appellate review. Titone, J.P., Mangano, Weinstein and Kunzeman, JJ., concur.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1985
111 A.D.2d 189 (N.Y. App. Div. 1985)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MARTINEZ…

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

Date published: May 6, 1985

Citations

111 A.D.2d 189 (N.Y. App. Div. 1985)

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