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People v. Sapp

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 848 (N.Y. App. Div. 2000)

Opinion

June 16, 2000.

Appeal from Judgment of Cayuga County Court, Corning, J. — Contempt, 1st Degree.

PRESENT: PIGOTT, JR., P.J., WISNER, SCUDDER AND LAWTON, JJ.


Judgment unanimously affirmed. Memorandum: Because defendant failed to move to withdraw the plea or to vacate the judgment of conviction, his challenge to the factual sufficiency of the plea allocution has not been preserved for our review ( see, People v. Person, 256 A.D.2d 1232, lv denied 93 N.Y.2d 856; People v. Nesbett, 255 A.D.2d 950). The plea allocution did not engender significant doubt regarding the voluntariness of the plea to require County Court to conduct a further inquiry ( see, People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839; People v. Lopez, 71 N.Y.2d 662, 666). By pleading guilty to criminal contempt in the first degree and admitting that he was convicted of the crime of criminal contempt in the second degree in 1994, defendant waived his contention that reversal is required because the People failed to file a special information pursuant to CPL 200.60 ( see, People v. Mooney, 245 A.D.2d 1137, lv denied 91 N.Y.2d 928).

We have reviewed defendant's remaining contentions and conclude that they are without merit.


Summaries of

People v. Sapp

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 848 (N.Y. App. Div. 2000)
Case details for

People v. Sapp

Case Details

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

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

Date published: Jun 16, 2000

Citations

273 A.D.2d 848 (N.Y. App. Div. 2000)
710 N.Y.S.2d 212