From Casetext: Smarter Legal Research

People v. Bautista

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 2005
19 A.D.3d 168 (N.Y. App. Div. 2005)

Opinion

6281.

June 9, 2005.

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered February 28, 2003, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of six years to life, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Jonathan M. Kirshbaum of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Madeleine Guilmain of counsel), for respondent.

Before: Mazzarelli, J.P., Andrias, Saxe, Marlow and Sullivan, JJ.


Defendant's challenge to his guilty plea is unpreserved ( see People v. Lopez, 71 NY2d 662), and we decline to review it in the interest of justice. Were we to reach this claim, we would find that defendant, a predicate felon, knowingly, intelligently and voluntarily pleaded guilty ( see People v. Harris, 61 NY2d 9, 17). The court sufficiently explained the terms and consequences of the promised sentence.


Summaries of

People v. Bautista

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 2005
19 A.D.3d 168 (N.Y. App. Div. 2005)
Case details for

People v. Bautista

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICIO BAUTISTA…

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

Date published: Jun 9, 2005

Citations

19 A.D.3d 168 (N.Y. App. Div. 2005)
795 N.Y.S.2d 888