Home/Appellate Division of the Supreme Court of New York/People v. DiMarco

People v. DiMarco

130 A.D.2d 760, 515 N.Y.S.2d 730, 1987 N.Y. App. Div. LEXIS 46778
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 26, 1987
StatusPublished

This text of 130 A.D.2d 760 (People v. DiMarco) 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. DiMarco, 130 A.D.2d 760, 515 N.Y.S.2d 730, 1987 N.Y. App. Div. LEXIS 46778 (N.Y. Ct. App. 1987).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered July 31, 1984, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The challenges which defendant raises to the sufficiency of his plea allocution are not preserved for review as a matter of law (see, People v Pellegrino, 60 NY2d 636; People v Gonzalez, 110 AD2d 909, lv denied 66 NY2d 615). Nor is review in the interest of justice warranted inasmuch as the plea allocution satisfied the requirements of People v Harris (61 NY2d 9; see also, People v Buckhannon, 108 AD2d 818).

Moreover, it is clear from the record that the defendant entered his plea of guilty to the crime of robbery in the second degree (Penal Law § 160.10). The sentence imposed, which was precisely that for which defendant had bargained (see, People v Kazepis, 101 AD2d 816), was a legal one. Mollen, P. J., Brown, Weinstein, Fiber and Harwood, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

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. Kazepis
101 A.D.2d 816 (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)

Cite This Page — Counsel Stack

Bluebook (online)
130 A.D.2d 760, 515 N.Y.S.2d 730, 1987 N.Y. App. Div. LEXIS 46778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dimarco-nyappdiv-1987.