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People v. Adams

Court of Appeals of the State of New York
Apr 3, 1979
389 N.E.2d 1108 (N.Y. 1979)

Opinion

Argued February 16, 1979

Decided April 3, 1979

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, NICHOLAS COFFINAS, J.

David B. Perlmutter for appellant.

Eugene Gold, District Attorney (Jane S. Myers of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Despite the defendant's manifested awareness of the Trial Judge's involvement in the plea negotiations and of the statutorily prescribed term for a class A-III felony, neither at the time he decided to plead guilty, nor at his sentencing four months later, did the defendant take any exception. Nor did he subsequently move to vacate the plea and the sentence imposed thereon. Consequently, any errors in connection therewith, if errors they were, not having been preserved, are now beyond our power of review (CPL 470.05, subd 2; People v McGowen, 42 N.Y.2d 905, 907 [alleged sentence defect resulting from court's failure to make youthful offender determination]; People v Adams, 38 N.Y.2d 605, 607 [alleged speedy trial defect]).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

Order affirmed in a memorandum.


Summaries of

People v. Adams

Court of Appeals of the State of New York
Apr 3, 1979
389 N.E.2d 1108 (N.Y. 1979)
Case details for

People v. Adams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IRVING ADAMS, Appellant

Court:Court of Appeals of the State of New York

Date published: Apr 3, 1979

Citations

389 N.E.2d 1108 (N.Y. 1979)
389 N.E.2d 1108
416 N.Y.S.2d 588

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