People v. Alves

Appellate Division of the Supreme Court of New York

People v. Alves

282 A.D.2d 613, 722 N.Y.S.2d 912, 2001 N.Y. App. Div. LEXIS 3761

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 16, 2001

StatusPublished

Cited by3 cases

This text of 282 A.D.2d 613 (People v. Alves) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Alves, 282 A.D.2d 613, 722 N.Y.S.2d 912, 2001 N.Y. App. Div. LEXIS 3761 (N.Y. Ct. App. 2001).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered August 4, 1998, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, his present argument challenging a prior conviction in the State of Connecticut as not being the equivalent of a New York felony is an issue that must be raised and explored at the trial level, where a record can be developed for appellate review (see, People v Samms, 95 NY2d 52, 57). The failure to do so renders the defendant’s present claim unpreserved for appellate review (see, People v Smith, 73 NY2d 961; People v Rodriguez, 276 AD2d 379; People v Johnson, 266 AD2d 728; People v Johnson, 242 AD2d 896; People v Salim, 222 AD2d 621), and we decline to review it in the exercise of our interest of justice jurisdiction (see, People v Cortese, 222 AD2d 448; People v DeGroat, 203 AD2d 378; People v Perez, 202 AD2d 695). Ritter, J. P., Krausman, S. Miller and Feuerstein, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered August 4, 1998, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, his present argument challenging a prior conviction in the State of Connecticut as not being the equivalent of a New York felony is an issue that must be raised and explored at the trial level, where a record can be developed for appellate review (see, People v Samms, 95 NY2d 52, 57). The failure to do so renders the defendant’s present claim unpreserved for appellate review (see, People v Smith, 73 NY2d 961; People v Rodriguez, 276 AD2d 379; People v Johnson, 266 AD2d 728; People v Johnson, 242 AD2d 896; People v Salim, 222 AD2d 621), and we decline to review it in the exercise of our interest of justice jurisdiction (see, People v Cortese, 222 AD2d 448; People v DeGroat, 203 AD2d 378; People v Perez, 202 AD2d 695). Ritter, J. P., Krausman, S. Miller and Feuerstein, JJ., concur.

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Bluebook (online)

282 A.D.2d 613, 722 N.Y.S.2d 912, 2001 N.Y. App. Div. LEXIS 3761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alves-nyappdiv-2001.

Opinion

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