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People v. Ocejo

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1994
202 A.D.2d 523 (N.Y. App. Div. 1994)

Opinion

March 14, 1994

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


Ordered that the judgment is affirmed.

Having pleaded guilty, the defendant thereby forfeited his right to challenge the sufficiency of the evidence supporting the indictment (see, People v. Dunbar, 53 N.Y.2d 868).

The defendant's contention that the plea allocution was factually deficient is unpreserved for appellate review since the defendant failed to move to withdraw his plea or to vacate the judgment of conviction (see, People v. Lopez, 71 N.Y.2d 662, 665).

The defendant received less than the maximum sentence which, upon his plea of guilty, the court warned him it might impose. Thus, the defendant cannot now, under the circumstances of this case, complain that his sentence is excessive (see, People v Kazepis, 101 A.D.2d 816). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.


Summaries of

People v. Ocejo

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1994
202 A.D.2d 523 (N.Y. App. Div. 1994)
Case details for

People v. Ocejo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL OCEJO, Appellant

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

Date published: Mar 14, 1994

Citations

202 A.D.2d 523 (N.Y. App. Div. 1994)
610 N.Y.S.2d 802

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