People v. Bautista

Appellate Division of the Supreme Court of New York

People v. Bautista

19 A.D.3d 168, 795 N.Y.S.2d 888

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

DecidedJune 9, 2005

StatusPublished

This text of 19 A.D.3d 168 (People v. Bautista) 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. Bautista, 19 A.D.3d 168, 795 N.Y.S.2d 888 (N.Y. Ct. App. 2005).

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Opinion

Judgment, [169]*169Supreme Court, New York County (Ronald A. Zweibel, J.), rendered February 28, 2003, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of six years to life, unanimously affirmed.

Defendant’s challenge to his guilty plea is unpreserved (see People v Lopez, 71 NY2d 662 [1988]), and we decline to review it in the interest of justice. Were we to reach this claim, we would find that defendant, a predicate felon, knowingly, intelligently and voluntarily pleaded guilty (see People v Harris, 61 NY2d 9, 17 [1983]). The court sufficiently explained the terms and consequences of the promised sentence. Concur—Mazzarelli, J.P., Andrias, Saxe, Marlow and Sullivan, JJ.

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Judgment, [169]*169Supreme Court, New York County (Ronald A. Zweibel, J.), rendered February 28, 2003, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of six years to life, unanimously affirmed.

Defendant’s challenge to his guilty plea is unpreserved (see People v Lopez, 71 NY2d 662 [1988]), and we decline to review it in the interest of justice. Were we to reach this claim, we would find that defendant, a predicate felon, knowingly, intelligently and voluntarily pleaded guilty (see People v Harris, 61 NY2d 9, 17 [1983]). The court sufficiently explained the terms and consequences of the promised sentence. Concur—Mazzarelli, J.P., Andrias, Saxe, Marlow and Sullivan, JJ.

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Bluebook (online)

19 A.D.3d 168, 795 N.Y.S.2d 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bautista-nyappdiv-2005.

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