People v. Roman

Appellate Division of the Supreme Court of New York

People v. Roman

133 A.D.2d 936, 520 N.Y.S.2d 652, 1987 N.Y. App. Div. LEXIS 51980

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

DecidedOctober 22, 1987

StatusPublished

This text of 133 A.D.2d 936 (People v. Roman) 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. Roman, 133 A.D.2d 936, 520 N.Y.S.2d 652, 1987 N.Y. App. Div. LEXIS 51980 (N.Y. Ct. App. 1987).

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Opinion

Main, J.

Appeal from a judgment of the County Court of Sullivan County (Hanofee, J.), rendered March 3, 1986, convicting defendant upon his plea of guilty of the crime of murder in the second degree.

Defendant was indicted for murder in the second degree as a result of the stabbing death of a bar patron in the Village of Monticello, Sullivan County. On the eve of trial, he agreed to plead guilty to the crime charged and received a sentence of 15 years to life imprisonment. On this appeal, defendant contends that the plea allocution was insufficient and that [937]*937County Court should not have accepted his guilty plea. However, he never moved to withdraw his plea or vacate his conviction in the first instance. By failing to do so, he failed to preserve for appeal the issue of the sufficiency of the plea allocution, and the appeal thus does not present a question of law for our review (see, People v Maye, 129 AD2d 204; People v Martinez, 125 AD2d 829). We do not find reversal to be warranted in the interest of justice.

Judgment affirmed. Mahoney, P. J., Main, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

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Main, J.

Appeal from a judgment of the County Court of Sullivan County (Hanofee, J.), rendered March 3, 1986, convicting defendant upon his plea of guilty of the crime of murder in the second degree.

Defendant was indicted for murder in the second degree as a result of the stabbing death of a bar patron in the Village of Monticello, Sullivan County. On the eve of trial, he agreed to plead guilty to the crime charged and received a sentence of 15 years to life imprisonment. On this appeal, defendant contends that the plea allocution was insufficient and that [937]*937County Court should not have accepted his guilty plea. However, he never moved to withdraw his plea or vacate his conviction in the first instance. By failing to do so, he failed to preserve for appeal the issue of the sufficiency of the plea allocution, and the appeal thus does not present a question of law for our review (see, People v Maye, 129 AD2d 204; People v Martinez, 125 AD2d 829). We do not find reversal to be warranted in the interest of justice.

Judgment affirmed. Mahoney, P. J., Main, Weiss, Mikoll and Yesawich, Jr., JJ., concur.

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Bluebook (online)

133 A.D.2d 936, 520 N.Y.S.2d 652, 1987 N.Y. App. Div. LEXIS 51980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roman-nyappdiv-1987.

Opinion

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