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People v. Valdez

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1990
157 A.D.2d 526 (N.Y. App. Div. 1990)

Opinion

January 16, 1990

Appeal from the Supreme Court, New York County, Budd Goodman, J.


The defendant did not move, prior to the imposition of sentence, to withdraw his plea and, accordingly, has not preserved for appellate review his challenge to the sufficiency of the plea allocution (People v. Lopez, 71 N.Y.2d 662; People v Pellegrino, 60 N.Y.2d 636). Were we to consider it in the interest of justice, however, we would nonetheless affirm, finding it to be without merit, since the record amply demonstrates that the defendant knowingly and voluntarily entered his guilty plea before the court accepted the plea (Boykin v. Alabama, 395 U.S. 238, 242; People v. Harris, 61 N.Y.2d 9, 17).

Finally, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. "Having received the benefit of his bargain, defendant should be bound by its terms" (People v. Felman, 141 A.D.2d 889, 890, lv denied 72 N.Y.2d 918).

Concur — Sullivan, J.P., Asch, Kassal, Smith and Rubin, JJ.


Summaries of

People v. Valdez

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1990
157 A.D.2d 526 (N.Y. App. Div. 1990)
Case details for

People v. Valdez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSCAR VALDEZ, Appellant

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

Date published: Jan 16, 1990

Citations

157 A.D.2d 526 (N.Y. App. Div. 1990)
549 N.Y.S.2d 717