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People v. Symmonds

Appellate Division of the Supreme Court of New York, Second Department
Jan 20, 1987
126 A.D.2d 684 (N.Y. App. Div. 1987)

Opinion

January 20, 1987

Appeal from the Supreme Court, Queens County (O'Brien, J.).


Ordered that the judgment is affirmed.

By failing to make a motion in the court of first instance to withdraw her plea, the defendant has failed to preserve for review the issue of the sufficiency of the plea allocution (see, People v. Fuentes, 125 A.D.2d 328; People v. Pellegrino, 60 N.Y.2d 636; People v. Santiago, 100 A.D.2d 857). Nor is reversal warranted in the interest of justice inasmuch as the plea allocution satisfied the requirements of People v. Harris ( 61 N.Y.2d 9; see also, People v. Buckhannon, 108 A.D.2d 818; People v Velasquez, 107 A.D.2d 726).

In view of the facts that the victim of the robbery was killed and that the bargained-for sentence was further reduced upon the discovery of the defendant's poor health, it cannot be said that the sentence imposed was inappropriate (see, People v. Suitte, 90 A.D.2d 80). We have reviewed the defendant's remaining contention and find it to be without merit. Thompson, J.P., Niehoff, Weinstein, Kunzeman and Spatt, JJ., concur.


Summaries of

People v. Symmonds

Appellate Division of the Supreme Court of New York, Second Department
Jan 20, 1987
126 A.D.2d 684 (N.Y. App. Div. 1987)
Case details for

People v. Symmonds

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEBRA SYMMONDS…

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

Date published: Jan 20, 1987

Citations

126 A.D.2d 684 (N.Y. App. Div. 1987)