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People v. Burkett

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1989
151 A.D.2d 493 (N.Y. App. Div. 1989)

Opinion

June 5, 1989

Appeal from the Supreme Court, Westchester County (Facelle, J.).


Ordered that the judgments are affirmed.

The defendant asserts that his plea of guilty entered in the City Court of the City of Peekskill on April 30, 1987 to the misdemeanor of criminal possession of a controlled substance in the seventh degree (based upon an Apr. 15, 1987 narcotics transaction), should have barred the rendering of two judgments on January 25, 1988, that are based upon four drug sales on March 10, 1987, March 23, 1987, April 6, 1987, and April 14, 1987. The record of the plea allocution of April 30, 1987, is devoid of any support for defendant's contention (see, People v. Hood, 62 N.Y.2d 863; People v. Rodriguez, 137 A.D.2d 636).

Furthermore, as a condition of entering the instant guilty pleas on November 30, 1987, he withdrew "all motions, whether pending or decided", including the motion containing the contentions advanced at bar. Even apart from any such waiver (see, e.g., People v. Dascoli, 149 A.D.2d 609), we find that, on the merits, the defendant's arguments lack merit.

On April 30, 1987, the defendant entered a guilty plea in full satisfaction of the charges arising out of the April 15, 1987, criminal activities. He has not produced any evidence that the People acted improperly or denied him any due process right concerning the sequence in which the ensuing indictments were presented. Absent unequivocal support in the record, which is lacking here, it would be erroneous to conclude that the defendant's misdemeanor plea subsumed the two later indictments charging him with committing a series of numerous and distinct felony drug transactions. Bracken, J.P., Eiber, Spatt and Rosenblatt, JJ., concur.


Summaries of

People v. Burkett

Appellate Division of the Supreme Court of New York, Second Department
Jun 5, 1989
151 A.D.2d 493 (N.Y. App. Div. 1989)
Case details for

People v. Burkett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY BURKETT, Appellant

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

Date published: Jun 5, 1989

Citations

151 A.D.2d 493 (N.Y. App. Div. 1989)