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People v. Mitchell

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1987
134 A.D.2d 530 (N.Y. App. Div. 1987)

Opinion

November 23, 1987

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


Ordered that the judgment is affirmed.

The defendant did not assert her objections to the adequacy of the plea allocution in the court of first instance and therefore failed, as a matter of law, to preserve her claims for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636). In any event, the record reveals that the defendant's plea of guilty was both voluntary and intelligent (see, People v. Harris, 61 N.Y.2d 9).

The defendant was properly sentenced as a second felony offender. We note that at the time of sentencing, contrary to the defendant's contention, her counsel had a copy of the prior felony statements. Moreover, the sentence imposed was both legal and appropriate under the circumstances. Mollen, P.J., Bracken, Rubin, Kooper and Spatt, JJ., concur.


Summaries of

People v. Mitchell

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1987
134 A.D.2d 530 (N.Y. App. Div. 1987)
Case details for

People v. Mitchell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SANDRA Y. MITCHELL…

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

Date published: Nov 23, 1987

Citations

134 A.D.2d 530 (N.Y. App. Div. 1987)