From Casetext: Smarter Legal Research

People v. Nicastro

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1985
114 A.D.2d 979 (N.Y. App. Div. 1985)

Opinion

November 18, 1985

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


Judgment affirmed.

Defendant failed to raise his objections to the adequacy of his plea allocution in the court of first instance and, accordingly, has not preserved his claims for appellate review (see, People v Pellegrino, 60 N.Y.2d 636; People v Mattocks, 100 A.D.2d 944). The fact that the court failed to enumerate specifically and obtain waivers of all the rights that the defendant is entitled to at a trial and which he waives by pleading guilty does not render the plea invalid (see, People v Harris, 61 N.Y.2d 9; People v Nixon, 21 N.Y.2d 338, 353, cert denied sub nom. Robinson v New York, 393 U.S. 1067). In any event, we find that the allocution established the requisite elements of attempted criminal sale of a controlled substance in the fifth degree and that the defendant knowingly and intelligently pleaded guilty thereto (see, People v Harris, supra).

In conclusion, we note that the sentence imposed, which was bargained for by the defendant, was appropriate under the circumstances of this case. Mangano, J.P., Thompson, Bracken and Brown, JJ., concur.


Summaries of

People v. Nicastro

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1985
114 A.D.2d 979 (N.Y. App. Div. 1985)
Case details for

People v. Nicastro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL NICASTRO…

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

Date published: Nov 18, 1985

Citations

114 A.D.2d 979 (N.Y. App. Div. 1985)

Citing Cases

People v. Smith

Because the sentencing court made no findings as to the loss or damage caused by the offense, and the record…

People v. Buitrago

The defendant's statements, as found by the hearing court, were knowingly and voluntarily made after he was…