People v. Ritchie

Appellate Division of the Supreme Court of New York

People v. Ritchie

114 A.D.2d 475, 494 N.Y.S.2d 386, 1985 N.Y. App. Div. LEXIS 53170

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

DecidedOctober 21, 1985

StatusPublished

This text of 114 A.D.2d 475 (People v. Ritchie) 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. Ritchie, 114 A.D.2d 475, 494 N.Y.S.2d 386, 1985 N.Y. App. Div. LEXIS 53170 (N.Y. Ct. App. 1985).

Pincite

Opinion

—Appeal by defendant from a judgment of the Supreme Court, Queens County (Friedmann, J.), rendered April 25, 1984, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

As defendant correctly concedes, he has failed to preserve for appellate review his challenge to the plea allocution (see, People v Claudio, 64 NY2d 858). To preserve such a claim for appellate review on a direct appeal from a judgment of conviction, a defendant must move to set aside his plea prior to imposition of sentence, pursuant to CPL 220.60 (3).

In the absence of unusual circumstances not here present, we see no reason to exercise our authority to review an unpreserved claim in the interest of justice. As to defendant’s challenge to his sentence, he has received the minimum legally permissible sentence (see, Penal Law § 70.06 [3] [d]; [4] [b]). Mollen, P. J., Thompson, Bracken and O’Connor, JJ., concur.

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

—Appeal by defendant from a judgment of the Supreme Court, Queens County (Friedmann, J.), rendered April 25, 1984, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

As defendant correctly concedes, he has failed to preserve for appellate review his challenge to the plea allocution (see, People v Claudio, 64 NY2d 858). To preserve such a claim for appellate review on a direct appeal from a judgment of conviction, a defendant must move to set aside his plea prior to imposition of sentence, pursuant to CPL 220.60 (3).

In the absence of unusual circumstances not here present, we see no reason to exercise our authority to review an unpreserved claim in the interest of justice. As to defendant’s challenge to his sentence, he has received the minimum legally permissible sentence (see, Penal Law § 70.06 [3] [d]; [4] [b]). Mollen, P. J., Thompson, Bracken and O’Connor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

114 A.D.2d 475, 494 N.Y.S.2d 386, 1985 N.Y. App. Div. LEXIS 53170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ritchie-nyappdiv-1985.

Opinion

Related

Cite This Page — Counsel Stack