People v. Rogers

Appellate Division of the Supreme Court of New York

People v. Rogers

147 A.D.2d 508, 538 N.Y.S.2d 486, 1989 N.Y. App. Div. LEXIS 1519

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

DecidedFebruary 6, 1989

StatusPublished

This text of 147 A.D.2d 508 (People v. Rogers) 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. Rogers, 147 A.D.2d 508, 538 N.Y.S.2d 486, 1989 N.Y. App. Div. LEXIS 1519 (N.Y. Ct. App. 1989).

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Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered February 6, 1985, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the factual sufficiency of the plea allocution has not been preserved for appellate review since he never moved to withdraw his plea before the court of first instance (see, People v Pellegrino, 60 NY2d 636).

We further find that the sentence imposed was neither harsh nor excessive. Mangano, J. P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered February 6, 1985, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the factual sufficiency of the plea allocution has not been preserved for appellate review since he never moved to withdraw his plea before the court of first instance (see, People v Pellegrino, 60 NY2d 636).

We further find that the sentence imposed was neither harsh nor excessive. Mangano, J. P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.

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Bluebook (online)

147 A.D.2d 508, 538 N.Y.S.2d 486, 1989 N.Y. App. Div. LEXIS 1519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rogers-nyappdiv-1989.

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