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People v. Gunyadin

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1987
127 A.D.2d 850 (N.Y. App. Div. 1987)

Opinion

February 23, 1987

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


Ordered that the judgment is affirmed.

The defendant's claim, raised for the first time on appeal, that his plea was made unknowingly, is not preserved for appellate review as a matter of law (see, People v. Pellegrino, 60 N.Y.2d 636). In any event, the defendant's claim that he had limited knowledge of the English language and limited fluency in it, and was a stranger to the customs and laws of the United States and the State of New York, so that he was unaware that the sale of one pound of cocaine would expose him to the sentence he received, is insufficient to establish that his plea was made unknowingly. The defendant had the services of a court interpreter at the plea and sentencing and the record belies any claim that his plea was other than knowing and voluntary.

In addition, the sentence imposed by the court was not an abuse of discretion (see, People v. Farrar, 52 N.Y.2d 302, 305; People v. Suitte, 90 A.D.2d 80). At the plea proceeding, the court told the defendant that if he could not impose the term of four years to life (or less) as recommended by the District Attorney, the defendant could withdraw his plea. Mollen, P.J., Bracken, Lawrence and Sullivan, JJ., concur.


Summaries of

People v. Gunyadin

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1987
127 A.D.2d 850 (N.Y. App. Div. 1987)
Case details for

People v. Gunyadin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. HUSGYIN GUNYADIN…

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

Date published: Feb 23, 1987

Citations

127 A.D.2d 850 (N.Y. App. Div. 1987)