People v. Christmas

110 A.D.2d 707, 487 N.Y.S.2d 608, 1985 N.Y. App. Div. LEXIS 48604

Opinion

Defendant failed to raise before Criminal Term the arguments made regarding the alleged inadequacy of the plea allocution and, therefore, they are not preserved for review as a matter of law (People v Pellegrino, 60 NY2d 636). In any event, the record indicates that defendant’s plea was entered knowingly and voluntarily (People v Harris, 61 NY2d 9; People v Serrano, 15 NY2d 304). Defendant’s arguments regarding the constitutionality of the second violent felony offender sentencing provisions are without merit (Penal Law § 70.06; People v Velasquez, 107 AD2d 726). Finally, the sentence, which was imposed in accordance with a negotiated plea agreement, was not excessive (People v Kazepis, 101 AD2d 816). Mangano, J. P., Brown, Niehoff and Lawrence, JJ., concur.