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People v. Kwabena

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 28, 2016
2016 N.Y. Slip Op. 8883 (N.Y. App. Div. 2016)

Opinion

2014-09772

12-28-2016

The People of the State of New York, respondent, v. Agyei Kwabena, appellant.

Lynn W. L. Fahey, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Marie John-Drigo of counsel), for respondent.


CHERYL E. CHAMBERS SHERI S. ROMAN VALERIE BRATHWAITE NELSON, JJ. (Ind. No. 5663/13)

Lynn W. L. Fahey, New York, NY, for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Marie John-Drigo of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered March 21, 2014, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the Supreme Court should have conducted a limited inquiry before imposing sentence in light of his assertions of innocence in the presentence investigation report (see People v Tinsley, 35 NY2d 926, 927; People v White, 137 AD2d 859) is unpreserved for appellate review, as he failed to move to withdraw his plea prior to the imposition of sentence (see People v Keenum, 101 AD3d 1045; People v Ropiza, 100 AD3d 935; People v Modesto, 39 AD3d 567; People v Cooper, 34 AD3d 827; People v Tinsley, 32 AD3d 447; People v Steed, 133 AD2d 433, 434).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

RIVERA, J.P., CHAMBERS, ROMAN and BRATHWAITE NELSON, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Kwabena

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 28, 2016
2016 N.Y. Slip Op. 8883 (N.Y. App. Div. 2016)
Case details for

People v. Kwabena

Case Details

Full title:The People of the State of New York, respondent, v. Agyei Kwabena…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Dec 28, 2016

Citations

2016 N.Y. Slip Op. 8883 (N.Y. App. Div. 2016)