People v. Sarelakos

Appellate Division of the Supreme Court of New York

People v. Sarelakos

197 A.D.2d 460, 603 N.Y.S.2d 6, 1993 N.Y. App. Div. LEXIS 10004

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

DecidedOctober 26, 1993

StatusPublished

This text of 197 A.D.2d 460 (People v. Sarelakos) 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. Sarelakos, 197 A.D.2d 460, 603 N.Y.S.2d 6, 1993 N.Y. App. Div. LEXIS 10004 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered March 31, 1992, convicting defendant, upon his pleas of guilty, of criminal possession of stolen property in the fourth degree and forgery in the second degree, and sentencing him to concurrent terms of 1 to 3 years, unanimously affirmed.

Defendant’s claim that his pleas were not knowingly entered is unpreserved for appellate review as a matter of law (People v Lopez, 71 NY2d 662, 665-666), and we decline to reach it in the interest of justice. If we were to reach it, we would find that defendant’s comments at sentencing that he was ill and did not know what was going on provided no reason to believe that he was incapacitated or otherwise unable to understand his circumstances at the time of the plea. Concur—Murphy, P. J., Kupferman, Ross and Rubin, JJ.

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—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered March 31, 1992, convicting defendant, upon his pleas of guilty, of criminal possession of stolen property in the fourth degree and forgery in the second degree, and sentencing him to concurrent terms of 1 to 3 years, unanimously affirmed.

Defendant’s claim that his pleas were not knowingly entered is unpreserved for appellate review as a matter of law (People v Lopez, 71 NY2d 662, 665-666), and we decline to reach it in the interest of justice. If we were to reach it, we would find that defendant’s comments at sentencing that he was ill and did not know what was going on provided no reason to believe that he was incapacitated or otherwise unable to understand his circumstances at the time of the plea. Concur—Murphy, P. J., Kupferman, Ross and Rubin, JJ.

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Bluebook (online)

197 A.D.2d 460, 603 N.Y.S.2d 6, 1993 N.Y. App. Div. LEXIS 10004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sarelakos-nyappdiv-1993.

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