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People v. Mota

Appellate Division of the Supreme Court of New York, First Department
Jan 13, 2004
3 A.D.3d 348 (N.Y. App. Div. 2004)

Opinion

2672.

Decided January 13, 2004.

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered July 7, 1999, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 3 to 6 years, unanimously affirmed.

Ellen Sue Handman, for Respondent.

Lois A. White, for Defendant-Appellant.

Before: Buckley, P.J., Tom, Ellerin, Marlow, JJ.


Defendant did not preserve his argument that the court should not have imposed sentence without having received a report of the psychiatric, psychological and intelligence testing it had ordered in aid of sentencing, and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant was not prejudiced because he received the minimum lawful sentence and because nothing in the record casts any doubt on his mental competence. Defendant's plea was knowing, intelligent and voluntary ( see People v. Harris, 61 N.Y.2d 9).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Mota

Appellate Division of the Supreme Court of New York, First Department
Jan 13, 2004
3 A.D.3d 348 (N.Y. App. Div. 2004)
Case details for

People v. Mota

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO MOTA…

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

Date published: Jan 13, 2004

Citations

3 A.D.3d 348 (N.Y. App. Div. 2004)
769 N.Y.S.2d 893