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People v. Ramon

Appellate Division of the Supreme Court of New York, Second Department
Sep 24, 1990
165 A.D.2d 887 (N.Y. App. Div. 1990)

Opinion

September 24, 1990

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


Ordered that the judgment is affirmed.

Having failed to move prior to the imposition of sentence to withdraw his plea, the defendant has not preserved his challenge to the sufficiency of the plea allocution for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636; People v. McVay, 148 A.D.2d 474). In any event, the record establishes that the defendant knowingly, voluntarily and intelligently pleaded guilty with the assistance of competent counsel, and as there is no indication that the guilty plea was improvident or baseless, it was properly accepted by the court (see, People v. Harris, 61 N.Y.2d 9; People v. Erazo, 155 A.D.2d 477; People v. Caban, 131 A.D.2d 863).

The defendant's further contention that his sentence constituted cruel and inhuman punishment is also unpreserved for appellate review (see, People v. Ingram, 67 N.Y.2d 897, 899), and is, in any event, without merit (see, People v. Kazepis, 101 A.D.2d 816). Mangano, P.J., Kunzeman, Kooper, Sullivan and O'Brien, JJ., concur.


Summaries of

People v. Ramon

Appellate Division of the Supreme Court of New York, Second Department
Sep 24, 1990
165 A.D.2d 887 (N.Y. App. Div. 1990)
Case details for

People v. Ramon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE RAMON, Appellant

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

Date published: Sep 24, 1990

Citations

165 A.D.2d 887 (N.Y. App. Div. 1990)

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