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People v. Bowen

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 609 (N.Y. App. Div. 1985)

Opinion

December 16, 1985

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


Judgments affirmed.

By not moving to withdraw his guilty pleas or to vacate the judgments in the court of first instance, defendant has failed to preserve for appellate review any issue as to the alleged insufficiency in the plea allocutions (see, People v Pellegrino, 60 N.Y.2d 636). In any event, we find that the plea allocutions made out the elements of robbery in the first degree and bail jumping in the first degree (Penal Law § 160.15, 215.57 Penal). Defendant did not establish an affirmative defense to the crime of bail jumping (Penal Law § 215.59).

Furthermore, the People met their burden of proof to show beyond a reasonable doubt that defendant was a second felony offender within the meaning of Penal Law § 70.06.

We have considered defendant's remaining contentions and find them to be without merit. Mollen, P.J., Gibbons, Brown, Niehoff and Eiber, JJ., concur.


Summaries of

People v. Bowen

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 609 (N.Y. App. Div. 1985)
Case details for

People v. Bowen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK BOWEN, Appellant

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

Date published: Dec 16, 1985

Citations

115 A.D.2d 609 (N.Y. App. Div. 1985)