People v. Bennett

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OTIS BENNETT, Appellant

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

Date published: Jul 8, 1985

112 A.D.2d 243 (N.Y. App. Div. 1985)

Opinion

July 8, 1985

Appeal from the Supreme Court, Kings County (Krausman, J.).

Judgment affirmed.

Defendant's challenge to the plea allocution has not been preserved for appellate review on direct appeal from the judgment of conviction because of his failure to move to withdraw the plea prior to sentencing pursuant to CPL 220.60 (3) ( see, People v Claudio, 64 N.Y.2d 858). Nor do we deem it appropriate to review this issue pursuant to our authority to review unpreserved issues in the interest of justice. Finally, we find no justification for modifying this negotiated sentence ( see, People v. Kazepis, 101 A.D.2d 816). Lazer, J.P., Gibbons, Weinstein and Lawrence, JJ., concur.