People v. Christian

Appellate Division of the Supreme Court of New York

People v. Christian

287 A.D.2d 273, 730 N.Y.S.2d 858, 2001 N.Y. App. Div. LEXIS 9323

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

DecidedOctober 9, 2001

StatusPublished

This text of 287 A.D.2d 273 (People v. Christian) 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. Christian, 287 A.D.2d 273, 730 N.Y.S.2d 858, 2001 N.Y. App. Div. LEXIS 9323 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (William Leibovitz, J., at plea; Renee White, J., at sentence), rendered August 13, 1997, convicting defendant of robbery in the third degree and criminal contempt in the first degree, and sentencing him to concurrent terms of 1 to 3 years, unanimously affirmed.

Since defendant failed to move to withdraw his guilty plea or vacate his conviction, his challenge to his factual allocution is unpreserved and we decline to review it in the interest of justice (see, People v Toxey, 86 NY2d 725). Were we to review this claim, we would find that the court’s careful factual allocution clearly established defendant’s guilt and that nothing in defendant’s remarks suggested a viable justification defense. Concur — Sullivan, P. J., Nardelli, Williams and Mazzarelli, JJ.

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—Judgment, Supreme Court, New York County (William Leibovitz, J., at plea; Renee White, J., at sentence), rendered August 13, 1997, convicting defendant of robbery in the third degree and criminal contempt in the first degree, and sentencing him to concurrent terms of 1 to 3 years, unanimously affirmed.

Since defendant failed to move to withdraw his guilty plea or vacate his conviction, his challenge to his factual allocution is unpreserved and we decline to review it in the interest of justice (see, People v Toxey, 86 NY2d 725). Were we to review this claim, we would find that the court’s careful factual allocution clearly established defendant’s guilt and that nothing in defendant’s remarks suggested a viable justification defense. Concur — Sullivan, P. J., Nardelli, Williams and Mazzarelli, JJ.

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Bluebook (online)

287 A.D.2d 273, 730 N.Y.S.2d 858, 2001 N.Y. App. Div. LEXIS 9323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-christian-nyappdiv-2001.

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