People v. Carmona

Appellate Division of the Supreme Court of New York

People v. Carmona

192 A.D.2d 446, 597 N.Y.S.2d 593, 1993 N.Y. App. Div. LEXIS 3993

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

DecidedApril 22, 1993

StatusPublished

Cited by2 cases

This text of 192 A.D.2d 446 (People v. Carmona) 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. Carmona, 192 A.D.2d 446, 597 N.Y.S.2d 593, 1993 N.Y. App. Div. LEXIS 3993 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered October 22, 1991, convicting defendant, upon his plea of guilty, of attempted second degree murder, and sentencing him to an indeterminate prison term of 6 to 18 years, unanimously affirmed.

Defendant contends that he did not knowingly or voluntarily waive his right to appeal. However, by failing to make any motion to vacate the plea, or indeed to make any objection on the record, he has failed to preserve this issue for appellate review (People v Rodriguez, 180 AD2d 654, 655, lv denied 79 NY2d 1006), and we decline to consider this contention in the interest of justice. Were we to consider this contention, we would find it to be without merit (see, People v Diaz, 189 AD2d 574, 576). Nor do we find the sentence [447]*447imposed excessive (see, People v Colon, 77 AD2d 370). Concur— Milonas, J. P., Ellerin, Asch, Kassal and Rubin, JJ.

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—Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered October 22, 1991, convicting defendant, upon his plea of guilty, of attempted second degree murder, and sentencing him to an indeterminate prison term of 6 to 18 years, unanimously affirmed.

Defendant contends that he did not knowingly or voluntarily waive his right to appeal. However, by failing to make any motion to vacate the plea, or indeed to make any objection on the record, he has failed to preserve this issue for appellate review (People v Rodriguez, 180 AD2d 654, 655, lv denied 79 NY2d 1006), and we decline to consider this contention in the interest of justice. Were we to consider this contention, we would find it to be without merit (see, People v Diaz, 189 AD2d 574, 576). Nor do we find the sentence [447]*447imposed excessive (see, People v Colon, 77 AD2d 370). Concur— Milonas, J. P., Ellerin, Asch, Kassal and Rubin, JJ.

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Bluebook (online)

192 A.D.2d 446, 597 N.Y.S.2d 593, 1993 N.Y. App. Div. LEXIS 3993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carmona-nyappdiv-1993.

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