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People v. Robidoux

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 2000
275 A.D.2d 980 (N.Y. App. Div. 2000)

Opinion

September 29, 2000.

Appeal from Judgment of Livingston County Court, Cicoria, J. — Sodomy, 3rd Degree.

PRESENT: GREEN, J. P., PINE, WISNER, KEHOE AND BALIO, JJ.


Judgment unanimously affirmed.

Memorandum:

By failing to move to withdraw his guilty plea or to vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution ( see, People v. Lopez, 71 N.Y.2d 662, 665). The allocution does not cast significant doubt on defendant's guilt or otherwise call into question the voluntariness of the plea, and thus this case does not come within the narrow exception to the preservation rule ( see, People v. Tuszynski, 270 A.D.2d 924). The sentence is not unduly harsh or severe.


Summaries of

People v. Robidoux

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 2000
275 A.D.2d 980 (N.Y. App. Div. 2000)
Case details for

People v. Robidoux

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. FREDERICK H…

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

Date published: Sep 29, 2000

Citations

275 A.D.2d 980 (N.Y. App. Div. 2000)
715 N.Y.S.2d 195