People v. Booth

Appellate Division of the Supreme Court of New York

People v. Booth

242 A.D.2d 962, 665 N.Y.S.2d 604, 1997 N.Y. App. Div. LEXIS 10585

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

DecidedSeptember 30, 1997

StatusPublished

This text of 242 A.D.2d 962 (People v. Booth) 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. Booth, 242 A.D.2d 962, 665 N.Y.S.2d 604, 1997 N.Y. App. Div. LEXIS 10585 (N.Y. Ct. App. 1997).

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Opinion

Judgment unanimously affirmed. Memorandum: By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant has waived his challenge to the factual sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662, 665). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Ontario County Court, Sirkin, J.—Robbery, 1st Degree.) Present—Green, J. P., Lawton, Hayes, Wisner and Boehm, JJ.

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Judgment unanimously affirmed. Memorandum: By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant has waived his challenge to the factual sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662, 665). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Ontario County Court, Sirkin, J.—Robbery, 1st Degree.) Present—Green, J. P., Lawton, Hayes, Wisner and Boehm, JJ.

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Bluebook (online)

242 A.D.2d 962, 665 N.Y.S.2d 604, 1997 N.Y. App. Div. LEXIS 10585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-booth-nyappdiv-1997.

Opinion

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