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People v. Crespo

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1991
178 A.D.2d 650 (N.Y. App. Div. 1991)

Opinion

December 30, 1991

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgment is affirmed.

The record on appeal contains no indication that the defendant made a motion to withdraw his plea prior to the imposition of sentence on the ground that his plea allocution was inadequate. Therefore, the argument is not preserved for appellate review (see, e.g., People v Lopez, 71 N.Y.2d 662; People v Risalek, 172 A.D.2d 870; People v Simmons, 171 A.D.2d 822; People v Ramon, 165 A.D.2d 887; People v Ramirez, 159 A.D.2d 392). The record of the defendant's motion pursuant to CPL 440.10, in which this issue was allegedly raised, is not properly before us (see, e.g., People v Roache, 105 A.D.2d 811). In any event, were we to entertain this argument in the exercise of our interest of justice jurisdiction, we would find it meritless (see, People v McVay, 148 A.D.2d 474).

We have examined the defendant's remaining contentions and find them to be similarly without merit. Thompson, J.P., Bracken, Sullivan and Lawrence, JJ., concur.


Summaries of

People v. Crespo

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1991
178 A.D.2d 650 (N.Y. App. Div. 1991)
Case details for

People v. Crespo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE CRESPO…

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

Date published: Dec 30, 1991

Citations

178 A.D.2d 650 (N.Y. App. Div. 1991)
577 N.Y.S.2d 886