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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 1984
106 A.D.2d 523 (N.Y. App. Div. 1984)

Opinion

December 17, 1984

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


Judgments affirmed.

Because defendant failed to raise before Criminal Term the argument that he should be relieved of his guilty pleas, the issue is not preserved for review ( People v. Pellegrino, 60 N.Y.2d 636; People v. Guerra, 99 A.D.2d 787). In any event, upon examining the record, we find that defendant, represented by counsel, knowingly and voluntarily waived his rights, admitted his guilt, and entered pleas of guilty. That the trial court, which conducted an extensive interlocution of defendant, did not specifically advise him of his rights to call witnesses and cross-examine hostile witnesses at any pretrial hearings does not compromise the validity of the pleas (see People v. Harris, 61 N.Y.2d 9).

Nor do we find the sentence imposed to be excessive. Lazer, J.P., Mangano, Bracken and Niehoff, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 1984
106 A.D.2d 523 (N.Y. App. Div. 1984)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN RIVERA…

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

Date published: Dec 17, 1984

Citations

106 A.D.2d 523 (N.Y. App. Div. 1984)

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