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People v. Shivers

Appellate Division of the Supreme Court of New York, First Department
Sep 24, 2002
297 A.D.2d 584 (N.Y. App. Div. 2002)

Opinion

1603

September 24, 2002.

Judgment, Supreme Court, Bronx County (Nicholas Iacovetta, J.), rendered March 5, 1999, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 years imprisonment, unanimously affirmed.

NHU P. NGUYEN, for respondent.

DOLORES KANSKI, for defendant-appellant.

Before: Nardelli, J.P., Saxe, Buckley, Ellerin, Marlow, JJ.


Since defendant made no motion to withdraw his guilty plea, his challenge to its voluntariness is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that nothing in the record casts doubt on the voluntariness of the plea. Defendant's claim that he was entitled to be advised that his plea would result in an enhanced sentence upon conviction of a subsequent felony is without merit (People v. McGrath, 43 N.Y.2d 803; People v. Hannon, 209 A.D.2d 319, lv denied 85 N.Y.2d 862; People v. Blanco, 156 A.D.2d 264,lv denied 75 N.Y.2d 867).

The existing record demonstrates that defendant received meaningful representation (see People v. Benevento, 91 N.Y.2d 708, 713-714; People v. Ford, 86 N.Y.2d 397, 404).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Shivers

Appellate Division of the Supreme Court of New York, First Department
Sep 24, 2002
297 A.D.2d 584 (N.Y. App. Div. 2002)
Case details for

People v. Shivers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRENT SHIVERS…

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

Date published: Sep 24, 2002

Citations

297 A.D.2d 584 (N.Y. App. Div. 2002)
747 N.Y.S.2d 177

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