People v. Bouchard

Appellate Division of the Supreme Court of New York

People v. Bouchard

149 A.D.2d 980, 543 N.Y.S.2d 349, 1989 N.Y. App. Div. LEXIS 6038

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

DecidedApril 14, 1989

StatusPublished

Cited by2 cases

This text of 149 A.D.2d 980 (People v. Bouchard) 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. Bouchard, 149 A.D.2d 980, 543 N.Y.S.2d 349, 1989 N.Y. App. Div. LEXIS 6038 (N.Y. Ct. App. 1989).

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Opinion

— Judgment unanimously affirmed. Memorandum: There is no merit to the claims raised by defense counsel and defendant pro se. The court’s allocution at the plea proceeding was proper and defendant’s sentence is not excessive. Moreover, the record contains a statement verifying defendant’s status as a predicate felon. Whether this statement was presented timely to the sentencing court is not determinative (see, People v Scarbrough, 66 NY2d 673, revg on dissenting mem [Boomer, J.] at 105 AD2d 1107), particularly since defendant acknowledged the prior felony convictions (see, People v Lattmen, 101 AD2d 662). (Appeal from judgment of Niagara County Court, DiFlorio, J. —escape, first degree.) Present—Dillon, P. J., Denman, Green, Pine and Balio, JJ.

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— Judgment unanimously affirmed. Memorandum: There is no merit to the claims raised by defense counsel and defendant pro se. The court’s allocution at the plea proceeding was proper and defendant’s sentence is not excessive. Moreover, the record contains a statement verifying defendant’s status as a predicate felon. Whether this statement was presented timely to the sentencing court is not determinative (see, People v Scarbrough, 66 NY2d 673, revg on dissenting mem [Boomer, J.] at 105 AD2d 1107), particularly since defendant acknowledged the prior felony convictions (see, People v Lattmen, 101 AD2d 662). (Appeal from judgment of Niagara County Court, DiFlorio, J. —escape, first degree.) Present—Dillon, P. J., Denman, Green, Pine and Balio, JJ.

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Bluebook (online)

149 A.D.2d 980, 543 N.Y.S.2d 349, 1989 N.Y. App. Div. LEXIS 6038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bouchard-nyappdiv-1989.

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