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People v. Shelton

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1985
110 A.D.2d 789 (N.Y. App. Div. 1985)

Opinion

April 15, 1985

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


Judgment affirmed.

Defendant's claims regarding the sufficiency of the plea allocution are unpreserved for appellate review as a matter of law (CPL 470.05; People v. Pellegrino, 60 N.Y.2d 636; People v. Mattocks, 100 A.D.2d 944). Moreover, reversal is not warranted in the interest of justice because the record of the allocution establishes that defendant knowingly and voluntarily pleaded guilty ( see, People v. Harris, 61 N.Y.2d 9; People v. Nixon, 21 N.Y.2d 338, cert denied sub nom. Robinson v. New York, 393 U.S. 1067).

Finally, we perceive no basis for concluding that the sentence imposed, which was the product of a negotiated plea, warrants modification in the interest of justice ( People v. Kazepis, 101 A.D.2d 816; People v. Suitte, 90 A.D.2d 80). Titone, J.P., Thompson, Bracken and Rubin, JJ., concur.


Summaries of

People v. Shelton

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1985
110 A.D.2d 789 (N.Y. App. Div. 1985)
Case details for

People v. Shelton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BARRY SHELTON…

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

Date published: Apr 15, 1985

Citations

110 A.D.2d 789 (N.Y. App. Div. 1985)

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