Home/Appellate Division of the Supreme Court of New York/People v. Brady

People v. Brady

220 A.D.2d 760, 633 N.Y.S.2d 983, 1995 N.Y. App. Div. LEXIS 10485
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 30, 1995
StatusPublished

This text of 220 A.D.2d 760 (People v. Brady) 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. Brady, 220 A.D.2d 760, 633 N.Y.S.2d 983, 1995 N.Y. App. Div. LEXIS 10485 (N.Y. Ct. App. 1995).

Opinion

—Appeal by the defendant from a judgment of the County Court, Orange County (Byrne, J.), rendered October 13, 1993, convicting her of criminal possession of a controlled substance in the second degree, upon her plea of guilty, and imposing sentence. The appeal brings up for review the denial of the branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

The Supreme Court properly rejected the defendant’s contention that the application for a warrant to search the defendant’s home was deficient (see, People v Comforto, 62 NY2d 725, 727; People v Rodriguez, 52 NY2d 483, 489; People v Elwell, 50 NY2d 231). Additionally, the defendant’s contention that the factual [761]*761allocution underlying her plea was defective is unpreserved for appellate review (see, People v Lopez, 71 NY2d 662, 665; People v Pellegrino; 60 NY2d 636; People v Winbush, 199 AD2d 447; People v Willingham, 194 AD2d 703) and, in any event, without merit (People v Giddens, 217 AD2d 589; People v Durant, 198 AD2d 515; People v Hronopoulos, 192 AD2d 720; see also, People v Pelchat, 62 NY2d 97, 108; People v Evans, 58 NY2d 14; People v Di Raffaele, 55 NY2d 234; People v McVay, 148 AD2d 474).

The defendant’s sentence is not excessive (see, People v Coats, 195 AD2d 519; People v Kazepis, 101 AD2d 816). Miller, J. P., Thompson, Ritter and Krausman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Elwell
406 N.E.2d 471 (New York Court of Appeals, 1980)
People v. Rodriguez
420 N.E.2d 946 (New York Court of Appeals, 1981)
People v. Di Raffaele
433 N.E.2d 513 (New York Court of Appeals, 1982)
People v. Evans
444 N.E.2d 7 (New York Court of Appeals, 1982)
People v. Pellegrino
454 N.E.2d 938 (New York Court of Appeals, 1983)
People v. Pelchat
464 N.E.2d 447 (New York Court of Appeals, 1984)
People v. Comforto
465 N.E.2d 354 (New York Court of Appeals, 1984)
People v. Lopez
525 N.E.2d 5 (New York Court of Appeals, 1988)
People v. Kazepis
101 A.D.2d 816 (Appellate Division of the Supreme Court of New York, 1984)
People v. McVay
148 A.D.2d 474 (Appellate Division of the Supreme Court of New York, 1989)
People v. Hronopoulos
192 A.D.2d 720 (Appellate Division of the Supreme Court of New York, 1993)
People v. Willingham
194 A.D.2d 703 (Appellate Division of the Supreme Court of New York, 1993)
People v. Durant
198 A.D.2d 515 (Appellate Division of the Supreme Court of New York, 1993)
People v. Winbush
199 A.D.2d 447 (Appellate Division of the Supreme Court of New York, 1993)
People v. Coats
195 A.D.2d 519 (Appellate Division of the Supreme Court of New York, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
220 A.D.2d 760, 633 N.Y.S.2d 983, 1995 N.Y. App. Div. LEXIS 10485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brady-nyappdiv-1995.