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People v. King

Appellate Division of the Supreme Court of New York, First Department
Oct 14, 2008
55 A.D.3d 362 (N.Y. App. Div. 2008)

Opinion

October 14, 2008.

Judgment, Supreme Court, New York County (Gregory Carro, J., at plea; Bruce Allen, J., at sentence), rendered May 15, 2006, convicting defendant of attempted sexual abuse in the first degree, and sentencing him to a term of 1½ to 4 years, unanimously affirmed.

Before: Mazzarelli, J.P., Friedman, Nardelli, Williams and Freedman, JJ.


Since defendant did not move to withdraw his plea, his claim that his sentence violated his plea agreement is unpreserved ( see e.g. People v Taylor, 5 AD3d 333, lv denied 3 NY3d 648, lv denied 3 NY3d 649), and we decline to review it in the interest of justice. As an alternative holding, we find no basis for reversal. We also perceive no basis for reducing the sentence.


Summaries of

People v. King

Appellate Division of the Supreme Court of New York, First Department
Oct 14, 2008
55 A.D.3d 362 (N.Y. App. Div. 2008)
Case details for

People v. King

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN KING, Appellant

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

Date published: Oct 14, 2008

Citations

55 A.D.3d 362 (N.Y. App. Div. 2008)
864 N.Y.S.2d 770