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People v. Sciascia

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2003
302 A.D.2d 980 (N.Y. App. Div. 2003)

Opinion

KA 01-01700

February 7, 2003.

Appeal from a judgment of Monroe County Court (Maloy, J.), entered July 26, 2000, convicting defendant upon his plea of guilty of assault in the second degree.

EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (ELIZABETH CLARKE OF COUNSEL), For Defendant-appellant.

HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), For Plaintiff-respondent.

PRESENT: WISNER, J.P., SCUDDER, BURNS, AND HAYES, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant contends that County Court erred in failing to inquire after he entered his guilty plea into his statement that he is innocent. In response to that statement, the court adjourned the matter for one day to discuss it further with defendant's attorney. Defendant thereafter was sentenced without objection. He neither moved to withdraw his plea nor moved thereafter to vacate the judgment of conviction, and thus he failed to preserve his contention for our review (see CPL 470.05; People v. Nieves [appeal No. 1], 299 A.D.2d 888 [Nov. 15, 2002]; People v. Jackson, 273 A.D.2d 937, lv denied 95 N.Y.2d 906). The "narrow exception to the preservation rule described in People v. Lopez [ 71 N.Y.2d 662] does not apply since there is nothing in defendant's allocution which would cast significant doubt on his guilt, or otherwise call into question the voluntariness of his plea" (People v. Harrell, 288 A.D.2d 489, 489, lv denied 98 N.Y.2d 651).


Summaries of

People v. Sciascia

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2003
302 A.D.2d 980 (N.Y. App. Div. 2003)
Case details for

People v. Sciascia

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, Plaintiff-respondent, v. SAMUEL SCIASCIA…

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

Date published: Feb 7, 2003

Citations

302 A.D.2d 980 (N.Y. App. Div. 2003)
754 N.Y.S.2d 618

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