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People v. Ramos

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1985
109 A.D.2d 898 (N.Y. App. Div. 1985)

Opinion

March 25, 1985

Appeal from the Supreme Court, Kings County (Aiello, J.).


Judgment affirmed.

Defendant contends that Criminal Term erred in accepting his plea of guilty by failing to apprise him of his right to call witnesses in his own behalf. The defendant did not raise this objection in the court of first instance and thus failed, as a matter of law, to preserve his claim for appellate review ( see, People v. Pellegrino, 60 N.Y.2d 636; People v. Pascale, 48 N.Y.2d 997).

In any event, the Trial Judge is not required to elicit a detailed set of specific waivers prior to accepting a plea of guilty from a defendant ( People v. Harris, 61 N.Y.2d 9, 16-17). Defendant's allegation, also raised for the first time on appeal, that Criminal Term failed to honor a "revised" plea bargain agreement is unsupported by the record.

Finally, defendant's contention that his sentence was unduly harsh must be rejected. Defendant pleaded guilty with the understanding that he would receive the sentence which was actually imposed. Under the circumstances of this case, defendant has no basis to now complain that his sentence was excessive ( People v. Kazepis, 101 A.D.2d 816, 817). Lazer, J.P., Gibbons, Thompson and Niehoff, JJ., concur.


Summaries of

People v. Ramos

Appellate Division of the Supreme Court of New York, Second Department
Mar 25, 1985
109 A.D.2d 898 (N.Y. App. Div. 1985)
Case details for

People v. Ramos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL RAMOS, Appellant

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

Date published: Mar 25, 1985

Citations

109 A.D.2d 898 (N.Y. App. Div. 1985)

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