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People v. Sierre

Appellate Division of the Supreme Court of New York, First Department
May 7, 1991
173 A.D.2d 211 (N.Y. App. Div. 1991)

Opinion

May 7, 1991

Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).


Defendant sold a kilogram of cocaine to an undercover police officer on November 9, 1987. On November 23, 1987, defendant met the undercover officer again and arranged for the sale of five kilograms of cocaine the following day. On November 24, defendant, who was in possession of additional quantities of cocaine, was arrested along with an accomplice. Defendant subsequently pleaded guilty as set forth above in full satisfaction of the indictment.

Defendant's claims on appeal that she received ineffective assistance of counsel, and that she is innocent, are unpreserved as a matter of law, as defendant failed to make a motion to withdraw her plea pursuant to CPL 220.60. In any event, these claims are wholly unsupported by the record, which indicates that defendant's decision to plead guilty was rationally based, in view of the overwhelming evidence of guilt.

Concur — Carro, J.P., Milonas, Asch, Kassal and Rubin, JJ.


Summaries of

People v. Sierre

Appellate Division of the Supreme Court of New York, First Department
May 7, 1991
173 A.D.2d 211 (N.Y. App. Div. 1991)
Case details for

People v. Sierre

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARLENE SIERRE…

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

Date published: May 7, 1991

Citations

173 A.D.2d 211 (N.Y. App. Div. 1991)

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