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People v. Schwartz

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1985
112 A.D.2d 257 (N.Y. App. Div. 1985)

Opinion

July 8, 1985

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


Judgment affirmed.

Defendant's challenge to the sufficiency of the plea allocution is not preserved for appellate review as a matter of law ( see, CPL 470.05; People v. Hoke, 62 N.Y.2d 1022; People v Pellegrino, 60 N.Y.2d 636). In any event, vacatur is not warranted in the interest of justice inasmuch as the allocution satisfied the requirements of People v. Harris ( 61 N.Y.2d 9) ( see, People v De Santis, 108 A.D.2d 821, lv denied 64 N.Y.2d 1018; People v Schron, 109 A.D.2d 762; People v. Moore, 110 A.D.2d 720).

The record does not support a conclusion that defendant was denied effective representation of counsel under either the "meaningful representation" or the Federal standards ( see, People v. Zaborski, 59 N.Y.2d 863; People v. Baldi, 54 N.Y.2d 137; Strickland v. Washington, 466 U.S. 668, 104 S Ct 2052).

Defendant's sentence was not excessive. He received the minimum sentence legally permissible (Penal Law § 70.06 [e]; [4] [b]), which was in fact the sentence for which he had freely bargained ( see, People v. La Lande, 104 A.D.2d 1052; People v. Nelson, 104 A.D.2d 1055; People v. Kazepis, 101 A.D.2d 816). Lazer, J.P., Gibbons, Weinstein and Lawrence, JJ., concur.


Summaries of

People v. Schwartz

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1985
112 A.D.2d 257 (N.Y. App. Div. 1985)
Case details for

People v. Schwartz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR SCHWARTZ…

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

Date published: Jul 8, 1985

Citations

112 A.D.2d 257 (N.Y. App. Div. 1985)

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