People v. Martino

Appellate Division of the Supreme Court of New York

People v. Martino

119 A.D.2d 770, 501 N.Y.S.2d 177, 1986 N.Y. App. Div. LEXIS 55704

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

DecidedApril 21, 1986

StatusPublished

This text of 119 A.D.2d 770 (People v. Martino) 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. Martino, 119 A.D.2d 770, 501 N.Y.S.2d 177, 1986 N.Y. App. Div. LEXIS 55704 (N.Y. Ct. App. 1986).

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Opinion

— Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered May 30, 1984, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

The defendant’s only claim on appeal is that his assigned counsel intimidated and pressured him to plead guilty. However, the defendant did not move in the court of first instance to vacate his guilty plea. Therefore, he has failed to preserve his claim for appellate review (see, People v Pellegrino, 60 NY2d 636). In any event, the record does not support the defendant’s contention. Mollen, P. J., Thompson, Niehoff, Rubin and Kunzeman, JJ., concur.

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— Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered May 30, 1984, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

The defendant’s only claim on appeal is that his assigned counsel intimidated and pressured him to plead guilty. However, the defendant did not move in the court of first instance to vacate his guilty plea. Therefore, he has failed to preserve his claim for appellate review (see, People v Pellegrino, 60 NY2d 636). In any event, the record does not support the defendant’s contention. Mollen, P. J., Thompson, Niehoff, Rubin and Kunzeman, JJ., concur.

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Bluebook (online)

119 A.D.2d 770, 501 N.Y.S.2d 177, 1986 N.Y. App. Div. LEXIS 55704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-martino-nyappdiv-1986.

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