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People v. Kwabena

2016 NY Slip Op 8883, 145 A.D.3d 1034, 42 N.Y.S.3d 849
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 28, 2016
Docket2014-09772
StatusPublished

This text of 2016 NY Slip Op 8883 (People v. Kwabena) 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. Kwabena, 2016 NY Slip Op 8883, 145 A.D.3d 1034, 42 N.Y.S.3d 849 (N.Y. Ct. App. 2016).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered March 21, 2014, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the Supreme Court should have conducted a limited inquiry before imposing sentence in light of his assertions of innocence in the presentence investigation report (see People v Tinsley, 35 NY2d 926, 927 [1974]; People v White, 137 AD2d 859 [1988]) is unpreserved for appellate review, as he failed to move to withdraw his plea prior to the imposition of sentence (see People v Keenum, 101 AD3d 1045 [2012]; People v Ropiza, 100 AD3d 935 [2012]; People v Modesto, 39 AD3d 567 [2007]; People v Cooper, 34 AD3d 827 [2006]; People v Tinsley, 32 AD3d 447 [2006]; People v Steed, 133 AD2d 433, 434 [1987]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Rivera, J.P., Chambers, Roman and Brathwaite Nelson, JJ., concur.

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Related

People v. Tinsley
324 N.E.2d 544 (New York Court of Appeals, 1974)
People v. Tinsley
32 A.D.3d 447 (Appellate Division of the Supreme Court of New York, 2006)
People v. Cooper
34 A.D.3d 827 (Appellate Division of the Supreme Court of New York, 2006)
People v. Modesto
39 A.D.3d 567 (Appellate Division of the Supreme Court of New York, 2007)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Ropiza
100 A.D.3d 935 (Appellate Division of the Supreme Court of New York, 2012)
People v. Keenum
101 A.D.3d 1045 (Appellate Division of the Supreme Court of New York, 2012)
People v. Steed
133 A.D.2d 433 (Appellate Division of the Supreme Court of New York, 1987)
People v. White
137 A.D.2d 859 (Appellate Division of the Supreme Court of New York, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
2016 NY Slip Op 8883, 145 A.D.3d 1034, 42 N.Y.S.3d 849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kwabena-nyappdiv-2016.