From Casetext: Smarter Legal Research

People v. Lambert

Appellate Division of the Supreme Court of New York, Third Department
Oct 31, 1991
176 A.D.2d 1129 (N.Y. App. Div. 1991)

Opinion

October 31, 1991

Appeal from the County Court of Sullivan County (Vogt, J.).


Defendant's failure to withdraw his guilty plea prior to sentencing or to make a postconviction motion to vacate the judgment of conviction precludes appellate review of the sufficiency of the plea allocution (see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Claudio, 64 N.Y.2d 858). In any event, the record establishes that defendant fully understood the significance and effect of his plea and what rights he was waiving and, therefore, the plea was knowingly, intelligently and voluntarily made (see, People v. Clickner, 128 A.D.2d 917, 919, lv denied 70 N.Y.2d 644; People v. Harris, 103 A.D.2d 891). Finally, the terms of imprisonment imposed upon his plea of guilty to robbery in the first degree, burglary in the first degree, assault in the first degree and grand larceny in the fourth degree were made to run concurrently, with the harshest being 6 to 18 years. Given that defendant pleaded guilty knowing that he would receive the sentences ultimately imposed by County Court, coupled with the fact that four other charges were dropped as a result of the plea, it cannot be said that the court abused its discretion in imposing sentence (see, People v. Salgado, 156 A.D.2d 492, lv denied 75 N.Y.2d 817; People v. Dean, 155 A.D.2d 774, 775, lv denied 75 N.Y.2d 812).

Casey, J.P., Mikoll, Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Lambert

Appellate Division of the Supreme Court of New York, Third Department
Oct 31, 1991
176 A.D.2d 1129 (N.Y. App. Div. 1991)
Case details for

People v. Lambert

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN LAMBERT…

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

Date published: Oct 31, 1991

Citations

176 A.D.2d 1129 (N.Y. App. Div. 1991)
576 N.Y.S.2d 49