People v. Rothwell

Appellate Division of the Supreme Court of New York

People v. Rothwell

259 A.D.2d 714, 685 N.Y.S.2d 625, 1999 N.Y. App. Div. LEXIS 2675

Appellate Division of the Supreme Court of the State of New York·Decided March 22, 1999·Published

Opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Pitts, J.), rendered August 7, 1997, convicting him of attempted robbery in the second 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 is precluded because he pleaded guilty to a [715]*715lesser offense than that charged in the indictment (see, People v Pelchat, 62 NY2d 97, 108; People v Hanson, 229 AD2d 504).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Ritter, Joy and Altman, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Suffolk County (Pitts, J.), rendered August 7, 1997, convicting him of attempted robbery in the second 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 is precluded because he pleaded guilty to a [715]*715lesser offense than that charged in the indictment (see, People v Pelchat, 62 NY2d 97, 108; People v Hanson, 229 AD2d 504).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Ritter, Joy and Altman, JJ., concur.

People v. Rothwell, 259 A.D.2d 714, 685 N.Y.S.2d 625, 1999 N.Y. App. Div. LEXIS 2675 (N.Y. Ct. App. 1999).

Pincite

259 A.D.2d 714 (People v. Rothwell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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