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People v. Thompson

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1985
111 A.D.2d 939 (N.Y. App. Div. 1985)

Opinion

June 24, 1985

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


Judgment affirmed.

The presence of an armed robbery suspect and a sawed-off shotgun in defendant's car provided sufficient probable cause to arrest defendant and the others in the car because of the danger of the situation and the presumption of possession of the weapon by all in the car (Penal Law § 265.15).

Furthermore, having failed either to move to withdraw his plea prior to the imposition of sentence or to vacate the judgment pursuant to CPL 440.10, defendant has not preserved for appellate review the plea allocution's sufficiency ( People v. Pellegrino, 60 N.Y.2d 636). Moreover, were we to review this issue in the interest of justice, vacatur would not be required because the plea allocution satisfied the basic requirement of People v Harris ( 61 N.Y.2d 9). Gibbons, J.P., Thompson, Weinstein and Lawrence, JJ., concur.


Summaries of

People v. Thompson

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1985
111 A.D.2d 939 (N.Y. App. Div. 1985)
Case details for

People v. Thompson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHEVREE THOMPSON…

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

Date published: Jun 24, 1985

Citations

111 A.D.2d 939 (N.Y. App. Div. 1985)