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People v. Montez

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1985
111 A.D.2d 877 (N.Y. App. Div. 1985)

Opinion

June 17, 1985

Appeal from the Supreme Court, Queens County (Leahy, J.).


Judgment affirmed.

By failing to move to withdraw his guilty plea, defendant has failed to preserve for appellate review the issue of the sufficiency of the allocution ( see, People v. Pellegrino, 60 N.Y.2d 636; People v. Lawrence, 100 A.D.2d 944; People v. Mattocks, 100 A.D.2d 944) and review in the interest of justice is not warranted. Moreover, the defendant, "by pleading guilty prior to a decision on his suppression motion, waived final determination of the motion, and thus failed to preserve any suppression issue for appellate review" ( People v. Corti, 88 A.D.2d 345, 347). Defendant's claims of ineffectiveness of counsel require the making of an additional record, and should be determined by way of a collateral or postconviction proceeding pursuant to CPL 440.10 ( see, People v. Lawrence, supra; People v. Drummond, 99 A.D.2d 760). Finally, we note that inasmuch as defendant received the sentence for which he bargained, he has no basis to complain that the sentence was excessive ( see, People v. Kazepis, 101 A.D.2d 816). Lazer, J.P., Gibbons, O'Connor and Brown, JJ., concur.


Summaries of

People v. Montez

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 1985
111 A.D.2d 877 (N.Y. App. Div. 1985)
Case details for

People v. Montez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERTO MONTEZ, True…

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

Date published: Jun 17, 1985

Citations

111 A.D.2d 877 (N.Y. App. Div. 1985)

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