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People v. Kennedy

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 1997
236 A.D.2d 858 (N.Y. App. Div. 1997)

Opinion

February 7, 1997.

Judgment unanimously affirmed.

Present — Pine, J.P., Lawton, Fallon, Doerr and Balio, JJ.


By failing to move to withdraw his plea before sentencing, defendant failed to preserve for our review his challenge to the sufficiency of the plea ( see, People v Ramirez, 159 AD2d 392, lv denied 76 NY2d 863). In any event, the record establishes that defendant entered the plea knowingly, intelligently and voluntarily. Defendant has also failed to preserve for our review his challenge to the District Attorney's sentencing recommendation ( see, CPL 470.05). We decline to exercise our power to review that challenge as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). (Appeal from Judgment of Cayuga County Court, Corning, J. — Sexual Abuse, 1st Degree.)


Summaries of

People v. Kennedy

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 1997
236 A.D.2d 858 (N.Y. App. Div. 1997)
Case details for

People v. Kennedy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN JAY KENNEDY…

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

Date published: Feb 7, 1997

Citations

236 A.D.2d 858 (N.Y. App. Div. 1997)
653 N.Y.S.2d 886