People v. Sheldon

Appellate Division of the Supreme Court of New York

People v. Sheldon

43 A.D.3d 1349, 841 N.Y.S.2d 904

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

DecidedSeptember 28, 2007

StatusPublished

This text of 43 A.D.3d 1349 (People v. Sheldon) 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. Sheldon, 43 A.D.3d 1349, 841 N.Y.S.2d 904 (N.Y. Ct. App. 2007).

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Opinion

Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered January 3, 2006. The judgment convicted defendant, upon his plea of guilty, of promoting an obscene sexual performance by a child (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of promoting an obscene sexual performance by a child (Penal Law § 263.10). Defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution (see People v Lopez, 71 NY2d 662, 665 [1988]), and this case does not fall within the narrow exception to the preservation doctrine (see People v Toxey, 86 NY2d 725, 726 [1995], rearg denied 86 NY2d 839 [1995]). The sentence is not unduly harsh or severe. Present— Hurlbutt, J.P., Martoche, Smith, Lunn and Peradotto, JJ.

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Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered January 3, 2006. The judgment convicted defendant, upon his plea of guilty, of promoting an obscene sexual performance by a child (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of promoting an obscene sexual performance by a child (Penal Law § 263.10). Defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution (see People v Lopez, 71 NY2d 662, 665 [1988]), and this case does not fall within the narrow exception to the preservation doctrine (see People v Toxey, 86 NY2d 725, 726 [1995], rearg denied 86 NY2d 839 [1995]). The sentence is not unduly harsh or severe. Present— Hurlbutt, J.P., Martoche, Smith, Lunn and Peradotto, JJ.

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Bluebook (online)

43 A.D.3d 1349, 841 N.Y.S.2d 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sheldon-nyappdiv-2007.

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