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People v. Riccardo

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1987
134 A.D.2d 297 (N.Y. App. Div. 1987)

Opinion

November 2, 1987

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


Ordered that the judgments are affirmed.

The defendant's challenge to the sufficiency of his plea allocutions has not been preserved for appellate review as a matter of law, since he failed to move to withdraw his pleas prior to sentencing (see, People v. Pellegrino, 60 N.Y.2d 636; People v. Pascale, 48 N.Y.2d 997). In any event, the facts recited in the allocutions were sufficient to establish the essential elements of the crimes as charged (Penal Law § 160.15; see, People v. Baskerville, 60 N.Y.2d 374; People v. Lockwood, 52 N.Y.2d 790). Furthermore, the issue of the operability of any gun was never raised by the defendant as an affirmative defense. The defendant's remaining contentions on appeal are similarly unpreserved for review or meritless. Mollen, P.J., Bracken, Rubin, Kooper and Spatt, JJ., concur.


Summaries of

People v. Riccardo

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1987
134 A.D.2d 297 (N.Y. App. Div. 1987)
Case details for

People v. Riccardo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN RICCARDO…

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

Date published: Nov 2, 1987

Citations

134 A.D.2d 297 (N.Y. App. Div. 1987)