People v. Lusby

Appellate Division of the Supreme Court of New York

People v. Lusby

256 A.D.2d 1205, 683 N.Y.S.2d 464, 1998 N.Y. App. Div. LEXIS 14366

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

DecidedDecember 31, 1998

StatusPublished

This text of 256 A.D.2d 1205 (People v. Lusby) 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. Lusby, 256 A.D.2d 1205, 683 N.Y.S.2d 464, 1998 N.Y. App. Div. LEXIS 14366 (N.Y. Ct. App. 1998).

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Opinion

—Judgment unanimously affirmed. Memorandum: By failing to move to withdraw his plea or to vacate the judgment of conviction on the ground that the factual allocution was legally insufficient, defendant failed to preserve that issue for our review (see, People v Lopez, 71 NY2d 662, 665; People v Pellegrino, 60 NY2d 636). There is no merit to the contention that defendant was denied effective assistance of counsel (see, People v Baldi, 54 NY2d 137, 147). There is no support in the record for his contention that, because the victim named in the indictment had a first name different from the victim identified during the plea colloquy, defense counsel thereby allowed defendant to plead guilty to a crime that he did not commit. (Appeal from Judgment of Yates County Court, Falvey, J. — Rape, 2nd Degree.) Present — Green, J. P., Pine, Wisner, Balio and Boehm, JJ.

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—Judgment unanimously affirmed. Memorandum: By failing to move to withdraw his plea or to vacate the judgment of conviction on the ground that the factual allocution was legally insufficient, defendant failed to preserve that issue for our review (see, People v Lopez, 71 NY2d 662, 665; People v Pellegrino, 60 NY2d 636). There is no merit to the contention that defendant was denied effective assistance of counsel (see, People v Baldi, 54 NY2d 137, 147). There is no support in the record for his contention that, because the victim named in the indictment had a first name different from the victim identified during the plea colloquy, defense counsel thereby allowed defendant to plead guilty to a crime that he did not commit. (Appeal from Judgment of Yates County Court, Falvey, J. — Rape, 2nd Degree.) Present — Green, J. P., Pine, Wisner, Balio and Boehm, JJ.

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Bluebook (online)

256 A.D.2d 1205, 683 N.Y.S.2d 464, 1998 N.Y. App. Div. LEXIS 14366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lusby-nyappdiv-1998.

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