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People v. Calderone

130 A.D.2d 501, 514 N.Y.S.2d 905, 1987 N.Y. App. Div. LEXIS 46479
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 4, 1987
StatusPublished

This text of 130 A.D.2d 501 (People v. Calderone) 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. Calderone, 130 A.D.2d 501, 514 N.Y.S.2d 905, 1987 N.Y. App. Div. LEXIS 46479 (N.Y. Ct. App. 1987).

Opinion

Appeal by the defendant from two judgments of the County Court, Nassau County (Winick, J.), both rendered June 5, 1985, convicting him of criminal sale of a controlled substance in the second degree under indictment No. 60358, and criminal possession of a controlled substance in the sixth degree under superior court indictment No. 60757, upon his pleas of guilty, an imposing sentences.

Ordered that the judgments are affirmed.

By failing to move in the court of first instance to withdraw his pleas or to vacate his convictions, the defendant has failed to preserve for appellate review the issue of the sufficiency of the plea allocutions (see, People v Pellegrino, 60 NY2d 636; People v Gonzalez, 110 AD2d 909, lv denied 66 NY2d 615; People v Santiago, 100 AD2d 857). Nor is reversal warranted in the interest of justice inasmuch as the plea allocutions satisfied the requirements of People v Harris (61 NY2d 9; see also, People v Buckhannon, 108 AD2d 818). Mollen, P. J., Brown, Weinstein, Eiber and Harwood, JJ., concur.

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Related

People v. Pellegrino
454 N.E.2d 938 (New York Court of Appeals, 1983)
People v. Harris
459 N.E.2d 170 (New York Court of Appeals, 1983)
People v. Santiago
100 A.D.2d 857 (Appellate Division of the Supreme Court of New York, 1984)
People v. Buckhannon
108 A.D.2d 818 (Appellate Division of the Supreme Court of New York, 1985)
People v. Gonzalez
110 A.D.2d 909 (Appellate Division of the Supreme Court of New York, 1985)

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Bluebook (online)
130 A.D.2d 501, 514 N.Y.S.2d 905, 1987 N.Y. App. Div. LEXIS 46479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-calderone-nyappdiv-1987.