People v. Evans

Appellate Division of the Supreme Court of New York

People v. Evans

117 A.D.2d 615, 498 N.Y.S.2d 1000, 1986 N.Y. App. Div. LEXIS 52886

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

DecidedFebruary 3, 1986

StatusPublished

This text of 117 A.D.2d 615 (People v. Evans) 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. Evans, 117 A.D.2d 615, 498 N.Y.S.2d 1000, 1986 N.Y. App. Div. LEXIS 52886 (N.Y. Ct. App. 1986).

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Opinion

—Appeal by defendant from a judgment of the Supreme Court, Kings County (Heller, J.), rendered November 2, 1983, convicting him of criminal possession of stolen property in the first degree, upon his plea of guilty, and imposing sentence of lVz to AV2 years’ imprisonment.

Judgment affirmed.

Defendant failed to raise his objections to the adequacy of his plea allocution in the court of first instance and accordingly has not preserved his claims for appellate review (see, People v Hoke, 62 NY2d 1022; People v Pellegrino, 60 NY2d 636). In any event, we find that the allocution established the requisite elements of criminal possession of stolen property in the first degree and that defendant knowingly and intelligently pleaded guilty thereto (see, People v Harris, 61 NY2d 9).

Finally, the sentence of IV2 to AV2 years’ imprisonment was not excessive. Lazer, J. P., Mangano, Brown and Kooper, JJ., concur.

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—Appeal by defendant from a judgment of the Supreme Court, Kings County (Heller, J.), rendered November 2, 1983, convicting him of criminal possession of stolen property in the first degree, upon his plea of guilty, and imposing sentence of lVz to AV2 years’ imprisonment.

Judgment affirmed.

Defendant failed to raise his objections to the adequacy of his plea allocution in the court of first instance and accordingly has not preserved his claims for appellate review (see, People v Hoke, 62 NY2d 1022; People v Pellegrino, 60 NY2d 636). In any event, we find that the allocution established the requisite elements of criminal possession of stolen property in the first degree and that defendant knowingly and intelligently pleaded guilty thereto (see, People v Harris, 61 NY2d 9).

Finally, the sentence of IV2 to AV2 years’ imprisonment was not excessive. Lazer, J. P., Mangano, Brown and Kooper, JJ., concur.

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Bluebook (online)

117 A.D.2d 615, 498 N.Y.S.2d 1000, 1986 N.Y. App. Div. LEXIS 52886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-evans-nyappdiv-1986.

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