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People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1985
111 A.D.2d 837 (N.Y. App. Div. 1985)

Opinion

June 10, 1985

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


Judgments affirmed.

Defendant's claim regarding the sufficiency of the plea allocutions is 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). Furthermore, reversal is not warranted in the interest of justice because the record of the allocutions establishes that the 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 sentences imposed, which were the product of negotiated pleas, warrant modification in the interest of justice ( People v. Kazepis, 101 A.D.2d 816; People v. Suitte, 90 A.D.2d 80). In particular, we note that the indeterminate term of imprisonment of 15 years to life, imposed upon defendant's conviction of murder in the second degree, was the minimum sentence permitted by law (Penal Law § 125.25, 70.00 Penal [2] [a]; [3] [a] [i]). Lazer, J.P., Bracken, O'Connor and Brown, JJ., concur.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1985
111 A.D.2d 837 (N.Y. App. Div. 1985)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR TORRES…

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

Date published: Jun 10, 1985

Citations

111 A.D.2d 837 (N.Y. App. Div. 1985)

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