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People v. Pendergrass

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1985
115 A.D.2d 497 (N.Y. App. Div. 1985)

Opinion

December 2, 1985

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


Judgment affirmed.

Defendant's contention that the plea allocution was deficient is not preserved for review on the appeal from this judgment because defendant failed to move to withdraw his plea before sentencing (see, People v Claudio, 64 N.Y.2d 858; People v Pellegrino, 60 N.Y.2d 636; People v Vanier, 110 A.D.2d 980). Defendant additionally argues that Penal Law § 70.06 is an ex post facto law as applied to him because his prior crime, which serves as the predicate crime in his predicate felony sentence, was committed before the enactment of said statute. We do not agree because the increased punishment was inflicted for the present crime only and not as an additional penalty for the prior offense (see, People v Mangiapane, 87 A.D.2d 851). O'Connor, J.P., Weinstein, Niehoff and Eiber, JJ., concur.


Summaries of

People v. Pendergrass

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1985
115 A.D.2d 497 (N.Y. App. Div. 1985)
Case details for

People v. Pendergrass

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROLANDO PENDERGRASS…

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

Date published: Dec 2, 1985

Citations

115 A.D.2d 497 (N.Y. App. Div. 1985)

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