People v. Blackett

Appellate Division of the Supreme Court of New York

People v. Blackett

140 A.D.2d 360, 527 N.Y.S.2d 714, 1988 N.Y. App. Div. LEXIS 4613

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

DecidedMay 2, 1988

StatusPublished

This text of 140 A.D.2d 360 (People v. Blackett) 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. Blackett, 140 A.D.2d 360, 527 N.Y.S.2d 714, 1988 N.Y. App. Div. LEXIS 4613 (N.Y. Ct. App. 1988).

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Opinion

The defendant failed to raise his objection to the adequacy of his plea allocution in the court of first instance and, accordingly, has not preserved his claim for appellate review (see, People v Pellegrino, 60 NY2d 636). A reversal in the interest of justice is not warranted under the circumstances (see, People v Kruger, 132 AD2d 624, 625; People v Burnett, 105 AD2d 710; People v Ebron, 87 AD2d 653). Moreover, the defendant’s claim of ineffective assistance of counsel is premised on factual allegations not contained in the record, [361]*361thereby precluding appellate review (see, People v Batts, 96 AD2d 842).

Finally, the defendant’s sentence was not excessive under the circumstances. Mangano, J. P., Kunzeman, Rubin and Harwood, JJ., concur.

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The defendant failed to raise his objection to the adequacy of his plea allocution in the court of first instance and, accordingly, has not preserved his claim for appellate review (see, People v Pellegrino, 60 NY2d 636). A reversal in the interest of justice is not warranted under the circumstances (see, People v Kruger, 132 AD2d 624, 625; People v Burnett, 105 AD2d 710; People v Ebron, 87 AD2d 653). Moreover, the defendant’s claim of ineffective assistance of counsel is premised on factual allegations not contained in the record, [361]*361thereby precluding appellate review (see, People v Batts, 96 AD2d 842).

Finally, the defendant’s sentence was not excessive under the circumstances. Mangano, J. P., Kunzeman, Rubin and Harwood, JJ., concur.

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Bluebook (online)

140 A.D.2d 360, 527 N.Y.S.2d 714, 1988 N.Y. App. Div. LEXIS 4613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-blackett-nyappdiv-1988.

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