People v. Shelton

Appellate Division of the Supreme Court of New York

People v. Shelton

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

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

DecidedApril 15, 1985

StatusPublished

Cited by1 cases

This text of 110 A.D.2d 789 (People v. Shelton) 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.

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People v. Shelton, 110 A.D.2d 789, 488 N.Y.S.2d 61, 1985 N.Y. App. Div. LEXIS 48694 (N.Y. Ct. App. 1985).

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Opinion

[790]*790Defendant’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.

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[790]*790Defendant’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.

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Bluebook (online)

110 A.D.2d 789, 488 N.Y.S.2d 61, 1985 N.Y. App. Div. LEXIS 48694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shelton-nyappdiv-1985.

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