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People v. Campbell

Appellate Division of the Supreme Court of the State of New York
Nov 14, 2017
2017 N.Y. Slip Op. 7965 (N.Y. App. Div. 2017)

Opinion

3350N/13 4958 67N/14 4957

11-14-2017

The People of the State of New York, Respondent, v. Earl Campbell, Defendant-Appellant.

Marianne Karas, Thornwood, for appellant. Earl Campbell, appellant pro se. Cyrus R. Vance, Jr., District Attorney, New York (Sabrina Margret Bierer of counsel), for respondent.


Marianne Karas, Thornwood, for appellant.

Earl Campbell, appellant pro se.

Cyrus R. Vance, Jr., District Attorney, New York (Sabrina Margret Bierer of counsel), for respondent.

Judgments, Supreme Court, New York County (Bonnie Wittner, J.), rendered May 21, 2015, convicting defendant, upon his pleas of guilty, of criminal sale of a firearm in the first and second degrees and conspiracy in the fourth degree, and sentencing him to an aggregate term of 16 years, unanimously affirmed.

Defendant's challenges to the validity of his plea do not come within the narrow exception to the preservation requirement (see People v Conceicao, 26 NY3d 375, 382 [2015]), and we decline to review these unpreserved claims in the interest of justice. As an alternative holding, we find that the record as a whole establishes that the plea was knowingly, intelligently and voluntarily made. Defendant's challenges to the form and content of the plea colloquy are without merit (see e.g. People v Rivera, 112 AD3d 626 [1st Dept 2014], lv denied 24 NY3d 964 [2014]).

We perceive no basis for reducing the sentence.

We have considered and rejected defendant's pro se claims.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 14, 2017

CLERK


Summaries of

People v. Campbell

Appellate Division of the Supreme Court of the State of New York
Nov 14, 2017
2017 N.Y. Slip Op. 7965 (N.Y. App. Div. 2017)
Case details for

People v. Campbell

Case Details

Full title:The People of the State of New York, Respondent, v. Earl Campbell…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Nov 14, 2017

Citations

2017 N.Y. Slip Op. 7965 (N.Y. App. Div. 2017)