People v. Hereida

Appellate Division of the Supreme Court of New York

People v. Hereida

187 A.D.2d 272, 589 N.Y.S.2d 431, 1992 N.Y. App. Div. LEXIS 12669

Appellate Division of the Supreme Court of the State of New York·Decided November 5, 1992·Published·Cited by 2 cases

Opinion

Judgment, Supreme Court, New York County (Richard Lowe, III, J.), rendered March 29, [273]*2731990, convicting defendant, after a plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of imprisonment of 6 years to life, and an order of said court entered November 19, 1991, which denied defendant’s CPL article 440 motion to vacate the plea, unanimously affirmed.

Defendant’s plea allocution was adequate inasmuch as he admitted possession and dominion and control of narcotics in his codefendant’s apartment (People v Sierra, 45 NY2d 56, 60). In any event, his plea to criminal possession of a controlled substance in the second degree, a lesser included offense of one of the crimes charged in the indictment, served to forfeit his right to challenge the factual basis of the plea (People v Pelchat, 62 NY2d 97, 108; People v Clairborne, 29 NY2d 950).

Further, we find that defendant’s sentence was not excessive. Concur—Milonas, J. P., Rosenberger, Ross and Asch, JJ.

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

Judgment, Supreme Court, New York County (Richard Lowe, III, J.), rendered March 29, [273]*2731990, convicting defendant, after a plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of imprisonment of 6 years to life, and an order of said court entered November 19, 1991, which denied defendant’s CPL article 440 motion to vacate the plea, unanimously affirmed.

Defendant’s plea allocution was adequate inasmuch as he admitted possession and dominion and control of narcotics in his codefendant’s apartment (People v Sierra, 45 NY2d 56, 60). In any event, his plea to criminal possession of a controlled substance in the second degree, a lesser included offense of one of the crimes charged in the indictment, served to forfeit his right to challenge the factual basis of the plea (People v Pelchat, 62 NY2d 97, 108; People v Clairborne, 29 NY2d 950).

Further, we find that defendant’s sentence was not excessive. Concur—Milonas, J. P., Rosenberger, Ross and Asch, JJ.

People v. Hereida, 187 A.D.2d 272, 589 N.Y.S.2d 431, 1992 N.Y. App. Div. LEXIS 12669 (N.Y. Ct. App. 1992).

Pincite

187 A.D.2d 272 (People v. Hereida) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related