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People v. Caraballo

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 2000
273 A.D.2d 398 (N.Y. App. Div. 2000)

Opinion

Submitted May 10, 2000.

June 19, 2000.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Pitts, J.), rendered August 23, 1999, convicting him of rape in the third degree, upon his plea of guilty, and imposing sentence.

Andrew Schatkin, Jericho, N.Y., appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N Y (Kerri N. Lechtrecker of counsel), for respondent.

Before: GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Since the defendant did not move to withdraw his plea, or to vacate the judgment of conviction, he has failed, as a matter of law, to preserve for appellate review his claim regarding the sufficiency of the plea allocution (see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Claudio, 64 N.Y.2d 858; People v. Clark, 254 A.D.2d 299).

The plea of guilty was entered into knowingly, voluntarily, and intelligently, and with a full understanding of the consequences (see, People v. Lopez, supra; People v. Harris, 61 N.Y.2d 9; People v. Nixon, 21 N.Y.2d 338, cert denied sub nom. Robinson v. New York, 393 U.S. 1067).


Summaries of

People v. Caraballo

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 2000
273 A.D.2d 398 (N.Y. App. Div. 2000)
Case details for

People v. Caraballo

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. HECTOR CARABALLO, APPELLANT. (IND. NO…

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

Date published: Jun 19, 2000

Citations

273 A.D.2d 398 (N.Y. App. Div. 2000)
710 N.Y.S.2d 914