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People v. Blackett

Appellate Division of the Supreme Court of New York, Second Department
May 2, 1988
140 A.D.2d 360 (N.Y. App. Div. 1988)

Opinion

May 2, 1988

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


Ordered that the judgment is affirmed.

The defendant failed to raise his objection to the adequacy of his plea allocution in the court of first instance and, accordingly, has not preserved his claim for appellate review (see, People v Pellegrino, 60 N.Y.2d 636). A reversal in the interest of justice is not warranted under the circumstances (see, People v Kruger, 132 A.D.2d 624, 625; People v Burnett, 105 A.D.2d 710; People v Ebron, 87 A.D.2d 653). Moreover, the defendant's claim of ineffective assistance of counsel is premised on factual allegations not contained in the record, thereby precluding appellate review (see, People v Batts, 96 A.D.2d 842).

Finally, the defendant's sentence was not excessive under the circumstances. Mangano, J.P., Kunzeman, Rubin and Harwood, JJ., concur.


Summaries of

People v. Blackett

Appellate Division of the Supreme Court of New York, Second Department
May 2, 1988
140 A.D.2d 360 (N.Y. App. Div. 1988)
Case details for

People v. Blackett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE BLACKETT…

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

Date published: May 2, 1988

Citations

140 A.D.2d 360 (N.Y. App. Div. 1988)