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People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1991
171 A.D.2d 825 (N.Y. App. Div. 1991)

Opinion

March 18, 1991

Appeal from the County Court, Rockland County (Nelson, J.).


Ordered that the judgments are affirmed.

Although the defendant pleaded guilty to acting in concert with his codefendant to sell varying quantities of cocaine, on appeal he alleges that the evidence adduced at the codefendant's trial essentially exonerated him of the crimes charged. However, a defendant may not seek to review issues of factual guilt following an admission of factual guilt; and he waives any challenge to the sufficiency of the evidence against him by accepting a bargained-for plea (see, People v Riley, 120 A.D.2d 752, 753; People v Thomas, 74 A.D.2d 317, affd 53 N.Y.2d 338). "Due concern for finality in criminal prosecutions and for the conservation of judicial resources requires that, in the absence of constitutional or jurisdictional defects, a guilty plea should end the litigation" (People v Prescott, 66 N.Y.2d 216, 220, cert denied 475 U.S. 1150).

In addition, the defendant's sentence under Indictment No. 97/88 may not be disturbed because it is the minimum allowable by law for the class A-I felony of which he was convicted (see, Penal Law § 70.00 [a] [i]). It is also the sentence that the defendant bargained for, so that he cannot now complain that it is excessive (see, People v Kazepis, 101 A.D.2d 816). Bracken, J.P., Lawrence, Kooper, Balletta and O'Brien, JJ., concur.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1991
171 A.D.2d 825 (N.Y. App. Div. 1991)
Case details for

People v. Torres

Case Details

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

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

Date published: Mar 18, 1991

Citations

171 A.D.2d 825 (N.Y. App. Div. 1991)
567 N.Y.S.2d 527

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