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People v. Martella

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1987
135 A.D.2d 660 (N.Y. App. Div. 1987)

Opinion

December 14, 1987

Appeal from the County Court, Suffolk County (Mallon, J.).


Ordered that the judgment is affirmed.

The County Court made proper inquiry to ensure that the defendant's waiver, inter alia, of his right to raise the defense of intoxication was knowingly, voluntarily and intelligently made (see, People v Serrano, 15 N.Y.2d 304). Moreover, the defendant may not here challenge the factual basis for his plea (People v Riley, 120 A.D.2d 752). His present claim of ineffective assistance of counsel is not established by the record and should have been raised at sentencing or in a postjudgment motion (cf., People v Pascale, 48 N.Y.2d 997; People v Brown, 45 N.Y.2d 852). Thompson, J.P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.


Summaries of

People v. Martella

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1987
135 A.D.2d 660 (N.Y. App. Div. 1987)
Case details for

People v. Martella

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES MARTELLA…

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

Date published: Dec 14, 1987

Citations

135 A.D.2d 660 (N.Y. App. Div. 1987)

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