People v. Salgado

Appellate Division of the Supreme Court of New York

People v. Salgado

156 A.D.2d 492, 548 N.Y.S.2d 916, 1989 N.Y. App. Div. LEXIS 15764

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

DecidedDecember 11, 1989

StatusPublished

Cited by3 cases

This text of 156 A.D.2d 492 (People v. Salgado) 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. Salgado, 156 A.D.2d 492, 548 N.Y.S.2d 916, 1989 N.Y. App. Div. LEXIS 15764 (N.Y. Ct. App. 1989).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered November 13, 1987, convicting her of manslaughter in the first degree, upon her plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

By failing to move to withdraw her plea prior to the imposition of sentence or to vacate the judgment pursuant to CPL 440.10, the defendant failed to preserve for appellate review any claim of error with respect to the sufficiency of the plea allocution (see, People v Pellegrino, 60 NY2d 636). In any event, where, as here, a defendant negotiates a guilty plea to a lesser crime than that charged in the indictment, there is no need to establish a factual basis for the lesser crime (see, People v Clairborne, 29 NY2d 950; People v Perkins, 89 AD2d 956). The record reveals that the plea was knowingly and voluntarily entered and properly accepted by the court (see, People v Harris, 61 NY2d 9).

Inasmuch as the defendant received the precise sentence that she freely bargained for with the capable assistance of competent counsel, she may not now complain that the sentence imposed was excessive (see, People v Kazepis, 101 AD2d 816). Mangano, J. P., Kunzeman, Rubin, Eiber and Balletta, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered November 13, 1987, convicting her of manslaughter in the first degree, upon her plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

By failing to move to withdraw her plea prior to the imposition of sentence or to vacate the judgment pursuant to CPL 440.10, the defendant failed to preserve for appellate review any claim of error with respect to the sufficiency of the plea allocution (see, People v Pellegrino, 60 NY2d 636). In any event, where, as here, a defendant negotiates a guilty plea to a lesser crime than that charged in the indictment, there is no need to establish a factual basis for the lesser crime (see, People v Clairborne, 29 NY2d 950; People v Perkins, 89 AD2d 956). The record reveals that the plea was knowingly and voluntarily entered and properly accepted by the court (see, People v Harris, 61 NY2d 9).

Inasmuch as the defendant received the precise sentence that she freely bargained for with the capable assistance of competent counsel, she may not now complain that the sentence imposed was excessive (see, People v Kazepis, 101 AD2d 816). Mangano, J. P., Kunzeman, Rubin, Eiber and Balletta, JJ., concur.

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Bluebook (online)

156 A.D.2d 492, 548 N.Y.S.2d 916, 1989 N.Y. App. Div. LEXIS 15764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-salgado-nyappdiv-1989.

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