People v. Ocejo

Appellate Division of the Supreme Court of New York

People v. Ocejo

202 A.D.2d 523, 610 N.Y.S.2d 802

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

DecidedMarch 14, 1994

StatusPublished

Cited by1 cases

This text of 202 A.D.2d 523 (People v. Ocejo) 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. Ocejo, 202 A.D.2d 523, 610 N.Y.S.2d 802 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered April 27, 1993, convicting him of conspiracy in the second degree, upon a plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Having pleaded guilty, the defendant thereby forfeited his right to challenge the sufficiency of the evidence supporting the indictment (see, People v Dunbar, 53 NY2d 868).

The defendant’s contention that the plea allocution was factually deficient is unpreserved for appellate review since the defendant failed to move to withdraw his plea or to vacate the judgment of conviction (see, People v Lopez, 71 NY2d 662, 665).

The defendant received less than the maximum sentence which, upon his plea of guilty, the court warned him it might impose. Thus, the defendant cannot now, under the circumstances of this case, complain that his sentence is excessive (see, People v Kazepis, 101 AD2d 816). Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

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