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People v. Rosado

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 1990
168 A.D.2d 467 (N.Y. App. Div. 1990)

Opinion

December 3, 1990

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


Ordered that the judgment and amended judgment are affirmed.

The defendant's challenge to the validity of his plea under superior court information No. 568/85 is unpreserved for appellate review by reason of his failure to move to vacate that plea prior to the imposition of sentence (People v. Wilkins, 147 A.D.2d 601, 602). In any event, the plea allocution was proper and clearly demonstrates that the defendant's decision to plead guilty was made voluntarily (see, People v. Harris, 61 N.Y.2d 9; People v. Mauro, 158 A.D.2d 550). By his plea of guilty, the defendant forfeited his right to seek appellate review of his claim that certain allegedly erroneous rulings by the trial court violated his constitutional right of confrontation (see, People v. Taylor, 65 N.Y.2d 1, 5).

The sentences imposed were in accordance with negotiated pleas (see, People v. Kazepis, 101 A.D.2d 816), and were not harsh or excessive under the circumstances (see, People v. Suitte, 90 A.D.2d 80).

We have examined the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Balletta, J.P., Miller, O'Brien and Ritter, JJ., concur.


Summaries of

People v. Rosado

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 1990
168 A.D.2d 467 (N.Y. App. Div. 1990)
Case details for

People v. Rosado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO ROSADO…

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

Date published: Dec 3, 1990

Citations

168 A.D.2d 467 (N.Y. App. Div. 1990)