People v. Guitierrez

Appellate Division of the Supreme Court of New York

People v. Guitierrez

294 A.D.2d 112, 740 N.Y.S.2d 870, 2002 N.Y. App. Div. LEXIS 4328

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

DecidedMay 2, 2002

StatusPublished

This text of 294 A.D.2d 112 (People v. Guitierrez) 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. Guitierrez, 294 A.D.2d 112, 740 N.Y.S.2d 870, 2002 N.Y. App. Div. LEXIS 4328 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered September 24, 1998, convicting defendant, upon her plea of guilty, of manslaughter in the first degree, and sentencing her to a term of 8 to 16 years, unanimously affirmed.

Defendant did not preserve her challenge to the plea allocution for appellate review (see, People v Lopez, 71 NY2d 662), and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant’s factual recitation during her plea allocution was sufficient to establish her guilt of all the elements of manslaughter in the first degree, and nothing in the allocution cast any doubt on her guilt (see, People v Toxey, 86 NY2d 725).

We perceive no basis for a reduction of sentence. Concur— Andrias, J.P., Sullivan, Wallach, Rubin and Gonzalez, JJ.

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—Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered September 24, 1998, convicting defendant, upon her plea of guilty, of manslaughter in the first degree, and sentencing her to a term of 8 to 16 years, unanimously affirmed.

Defendant did not preserve her challenge to the plea allocution for appellate review (see, People v Lopez, 71 NY2d 662), and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant’s factual recitation during her plea allocution was sufficient to establish her guilt of all the elements of manslaughter in the first degree, and nothing in the allocution cast any doubt on her guilt (see, People v Toxey, 86 NY2d 725).

We perceive no basis for a reduction of sentence. Concur— Andrias, J.P., Sullivan, Wallach, Rubin and Gonzalez, JJ.

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Bluebook (online)

294 A.D.2d 112, 740 N.Y.S.2d 870, 2002 N.Y. App. Div. LEXIS 4328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-guitierrez-nyappdiv-2002.

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