People v. Shelton

110 A.D.2d 789, 488 N.Y.S.2d 61, 1985 N.Y. App. Div. LEXIS 48694

Opinion

Defendant’s claims regarding the sufficiency of the plea allocution are unpreserved for appellate review as a matter of law (CPL 470.05 [2]; People v Pellegrino, 60 NY2d 636; People v Mattocks, 100 AD2d 944). Moreover, reversal is not warranted in the interest of justice because the record of the allocution establishes that defendant knowingly and voluntarily pleaded guilty (see, People v Harris, 61 NY2d 9; People v Nixon, 21 NY2d 338, cert denied sub nom. Robinson v New York, 393 US 1067).

Finally, we perceive no basis for concluding that the sentence imposed, which was the product of a negotiated plea, warrants modification in the interest of justice (People v Kazepis, 101 AD2d 816; People v Suitte, 90 AD2d 80). Titone, J. P., Thompson, Bracken and Rubin, JJ., concur.