People v. Fudge

Appellate Division of the Supreme Court of New York

People v. Fudge

113 A.D.2d 900, 493 N.Y.S.2d 617, 1985 N.Y. App. Div. LEXIS 52524

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

DecidedSeptember 23, 1985

StatusPublished

Cited by1 cases

This text of 113 A.D.2d 900 (People v. Fudge) 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. Fudge, 113 A.D.2d 900, 493 N.Y.S.2d 617, 1985 N.Y. App. Div. LEXIS 52524 (N.Y. Ct. App. 1985).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered on September 20, 1984, convicting her of robbery in the first degree, upon her plea of guilty, and imposing sentence.

Judgment affirmed.

As defendant correctly concedes, she has failed to preserve for appellate review her challenge to the plea allocution (see, People v Claudio, 64 NY2d 858). To preserve such a claim for appellate review on a direct appeal from a judgment of conviction, a defendant must move to set aside his plea pursuant to CPL 220.60 (3) prior to the imposition of sentence.

In the absence of unusual circumstances not here present, we see no reason to exercise our authority to review in the interest of justice an unpreserved claim that the plea allocution was insufficient. Nor does there exist any reason to set aside the sentence imposed, which was agreed to in the course of plea negotiations (see, People v Kazepis, 101 AD2d 816). Lazer, J. P., O’Connor, Weinstein and Niehoff, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered on September 20, 1984, convicting her of robbery in the first degree, upon her plea of guilty, and imposing sentence.

Judgment affirmed.

As defendant correctly concedes, she has failed to preserve for appellate review her challenge to the plea allocution (see, People v Claudio, 64 NY2d 858). To preserve such a claim for appellate review on a direct appeal from a judgment of conviction, a defendant must move to set aside his plea pursuant to CPL 220.60 (3) prior to the imposition of sentence.

In the absence of unusual circumstances not here present, we see no reason to exercise our authority to review in the interest of justice an unpreserved claim that the plea allocution was insufficient. Nor does there exist any reason to set aside the sentence imposed, which was agreed to in the course of plea negotiations (see, People v Kazepis, 101 AD2d 816). Lazer, J. P., O’Connor, Weinstein and Niehoff, JJ., concur.

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Bluebook (online)

113 A.D.2d 900, 493 N.Y.S.2d 617, 1985 N.Y. App. Div. LEXIS 52524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fudge-nyappdiv-1985.

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