People v. Fernandez

Appellate Division of the Supreme Court of New York

People v. Fernandez

91 A.D.2d 1073, 458 N.Y.S.2d 938, 1983 N.Y. App. Div. LEXIS 16413

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

DecidedJanuary 31, 1983

StatusPublished

Cited by6 cases

This text of 91 A.D.2d 1073 (People v. Fernandez) 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. Fernandez, 91 A.D.2d 1073, 458 N.Y.S.2d 938, 1983 N.Y. App. Div. LEXIS 16413 (N.Y. Ct. App. 1983).

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Opinion

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Beldock, J.), rendered May 13,1981, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. Judgment affirmed. Defendant did not move to withdraw his plea at the allocution or at sentencing. Having failed to raise any objections to the adequacy of the plea allocution in the court of first instance, defendant has not preserved the issue for appellate review as a matter of law (see People v Pascale, 48 NY2d 997; People v Bell, 47 NY2d 839; People v Ebron, 87 AD2d 653). Furthermore, we conclude that reversal is not warranted in the interest of justice. We have also reviewed the sentence imposed and find that it is not excessive. Gulotta, J. P., O’Connor, Brown and Boyers, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Kings County (Beldock, J.), rendered May 13,1981, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. Judgment affirmed. Defendant did not move to withdraw his plea at the allocution or at sentencing. Having failed to raise any objections to the adequacy of the plea allocution in the court of first instance, defendant has not preserved the issue for appellate review as a matter of law (see People v Pascale, 48 NY2d 997; People v Bell, 47 NY2d 839; People v Ebron, 87 AD2d 653). Furthermore, we conclude that reversal is not warranted in the interest of justice. We have also reviewed the sentence imposed and find that it is not excessive. Gulotta, J. P., O’Connor, Brown and Boyers, JJ., concur.

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Bluebook (online)

91 A.D.2d 1073, 458 N.Y.S.2d 938, 1983 N.Y. App. Div. LEXIS 16413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fernandez-nyappdiv-1983.

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