People v. Smith

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL SMITH, Appellant

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

Date published: Apr 12, 1999

260 A.D.2d 510 (N.Y. App. Div. 1999)

686 N.Y.S.2d 333

Opinion

April 12, 1999

Appeal from the County Court, Dutchess County (Marlow, J.).

Ordered that the judgment is affirmed.

The defendant did not move to withdraw his plea or to vacate the judgment of conviction. Accordingly, he has not preserved for appellate review his challenge to the sufficiency of the plea allocution ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Claudio, 64 N.Y.2d 858; People v. Clark, 254 A.D.2d 299) or his contention that the sentencing agreement was ambiguous ( see, People v. Pellegrino, 60 N.Y.2d 636; People v. John, 186 A.D.2d 269).

The sentence imposed was not excessive.

O'Brien, J. P., Ritter, Joy and Altman, JJ., concur.