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People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Dec 16, 1997
245 A.D.2d 177 (N.Y. App. Div. 1997)

Opinion

December 16, 1997

Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).


Defendant's claim that his plea should be vacated as factually insufficient due to the People's failure to produce a lab report confirming the seized substance to be heroin has not been preserved for appellate review ( People v. Toxey, 86 N.Y.2d 725; People v. Lopez, 71 N.Y.2d 662), and we decline to review it in the interest of justice. In any event, defendant acknowledged, during his allocution, that he attempted to sell heroin. Defendant's claim is essentially a challenge to the sufficiency of the evidence against him and, as such, was waived by entry of a guilty plea ( People v. Flores, 237 A.D.2d 128, lv denied 90 N.Y.2d 857). We would further note that a laboratory analysis was required for the indictment.

Concur — Ellerin, J. P., Wallach, Mazzarelli, Andrias and Colabella, JJ.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, First Department
Dec 16, 1997
245 A.D.2d 177 (N.Y. App. Div. 1997)
Case details for

People v. Martinez

Case Details

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

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

Date published: Dec 16, 1997

Citations

245 A.D.2d 177 (N.Y. App. Div. 1997)
666 N.Y.S.2d 189

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