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People v. Caraballo

273 A.D.2d 398, 710 N.Y.S.2d 914, 2000 N.Y. App. Div. LEXIS 7096
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 19, 2000
StatusPublished

This text of 273 A.D.2d 398 (People v. Caraballo) 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. Caraballo, 273 A.D.2d 398, 710 N.Y.S.2d 914, 2000 N.Y. App. Div. LEXIS 7096 (N.Y. Ct. App. 2000).

Opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Pitts, J.), rendered August 23, 1999, convicting him of rape in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Since the defendant did not move to withdraw his plea, or to vacate the judgment of conviction, he has failed, as a matter of law, to preserve for appellate review his claim regarding the sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662, 665; People v Claudio, 64 NY2d 858; People v Clark, 254 AD2d 299).

The plea of guilty was entered into knowingly, voluntarily, and intelligently, and with a full understanding of the consequences (see, People v Lopez, supra; People v Harris, 61 NY2d 9; People v Nixon, 21 NY2d 338, cert denied sub nom. Robinson v New York, 393 US 1067). Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.

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Related

People v. Nixon
234 N.E.2d 687 (New York Court of Appeals, 1967)
People v. Harris
459 N.E.2d 170 (New York Court of Appeals, 1983)
People v. Claudio
476 N.E.2d 644 (New York Court of Appeals, 1985)
People v. Lopez
525 N.E.2d 5 (New York Court of Appeals, 1988)
People v. Clark
254 A.D.2d 299 (Appellate Division of the Supreme Court of New York, 1998)
Robinson v. New York
393 U.S. 1067 (Supreme Court, 1969)

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Bluebook (online)
273 A.D.2d 398, 710 N.Y.S.2d 914, 2000 N.Y. App. Div. LEXIS 7096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-caraballo-nyappdiv-2000.