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People v. Latham

142 A.D.2d 651, 530 N.Y.S.2d 996, 1988 N.Y. App. Div. LEXIS 7358
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 11, 1988
StatusPublished

This text of 142 A.D.2d 651 (People v. Latham) 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. Latham, 142 A.D.2d 651, 530 N.Y.S.2d 996, 1988 N.Y. App. Div. LEXIS 7358 (N.Y. Ct. App. 1988).

Opinion

— Appeal by the defendant from two judgments of the Supreme Court, Kings County (Pincus, J.), both rendered January 24, 1985, convicting him of assault in the second degree under indictment No. 6577/83 and burglary in the second degree under indictment No. 2301/84, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

By failing to make a motion to the court of first instance to withdraw his plea or vacate the judgment of conviction, the defendant has failed to preserve for appellate review the issue of the sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662; People v Pellegrino, 60 NY2d 636; People v Santiago, 100 AD2d 857). Nor is reversal warranted in the interest of justice inasmuch as the plea allocution satisfied the basic requirements of People v Harris (61 NY2d 9) and there is no suggestion in the record that the plea is improvident or baseless (People v Nixon, 21 NY2d 338, 350, cert denied sub nom. Robinson v New York, 393 US 1067; People v Dixon, 119 AD2d 831, lv denied 68 NY2d 769; People v Langhorn, 119 AD2d 844, lv denied 68 NY2d 758).

On the record before us, there is no evidence that the defendant was deprived of meaningful representation (People v Satterfield, 66 NY2d 796; People v Baldi, 54 NY2d 137). [652]*652Moreover, in light of the nature of the crimes, the sentence imposed was appropriate (People v Soto, 129 AD2d 748, lv denied 70 NY2d 657; People v Suitte, 90 AD2d 80). Thompson, J. P., Bracken, Brown, Weinstein and Spatt, JJ., concur.

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Related

People v. Nixon
234 N.E.2d 687 (New York Court of Appeals, 1967)
People v. Baldi
429 N.E.2d 400 (New York Court of Appeals, 1981)
People v. Pellegrino
454 N.E.2d 938 (New York Court of Appeals, 1983)
People v. Harris
459 N.E.2d 170 (New York Court of Appeals, 1983)
People v. Satterfield
488 N.E.2d 834 (New York Court of Appeals, 1985)
People v. Lopez
525 N.E.2d 5 (New York Court of Appeals, 1988)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Santiago
100 A.D.2d 857 (Appellate Division of the Supreme Court of New York, 1984)
People v. Dixon
119 A.D.2d 831 (Appellate Division of the Supreme Court of New York, 1986)
People v. Langhorn
119 A.D.2d 844 (Appellate Division of the Supreme Court of New York, 1986)
People v. Soto
129 A.D.2d 748 (Appellate Division of the Supreme Court of New York, 1987)
Robinson v. New York
393 U.S. 1067 (Supreme Court, 1969)

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Bluebook (online)
142 A.D.2d 651, 530 N.Y.S.2d 996, 1988 N.Y. App. Div. LEXIS 7358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-latham-nyappdiv-1988.