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People v. Proctor

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1987
135 A.D.2d 751 (N.Y. App. Div. 1987)

Opinion

December 21, 1987

Appeal from the County Court, Rockland County (Miller, J.).


Ordered that the judgment is affirmed.

The defendant claims that upon an examination of the "totality of the circumstances" of his confession to police, his statement was involuntary (see, People v Anderson, 42 N.Y.2d 35). A review of the record shows his confession was in fact voluntary. The defendant made his statement to police after two hours in custody at the urging of his father to "tell the truth". These facts show voluntariness when compared to the facts of People v Anderson (supra) and People v Leyra ( 302 N.Y. 353).

The defendant also claims error in his plea bargaining agreement because of his attorney's lack of understanding of the bargained-for sentence. The defendant did not move to be relieved of his guilty plea in the County Court. This alleged error is therefore unpreserved for review (see, People v Pellegrino, 60 N.Y.2d 636). In any event, the defendant's claim of error is not supported by the record.

We have examined the defendant's other argument and find it to be without merit. Mangano, J.P., Thompson, Bracken and Weinstein, JJ., concur.


Summaries of

People v. Proctor

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1987
135 A.D.2d 751 (N.Y. App. Div. 1987)
Case details for

People v. Proctor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANNY DeLEON PROCTOR…

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

Date published: Dec 21, 1987

Citations

135 A.D.2d 751 (N.Y. App. Div. 1987)

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