People v. Soto

Appellate Division of the Supreme Court of New York

People v. Soto

111 A.D.2d 836, 491 N.Y.S.2d 11, 1985 N.Y. App. Div. LEXIS 50087

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

DecidedJune 10, 1985

StatusPublished

Cited by4 cases

This text of 111 A.D.2d 836 (People v. Soto) 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. Soto, 111 A.D.2d 836, 491 N.Y.S.2d 11, 1985 N.Y. App. Div. LEXIS 50087 (N.Y. Ct. App. 1985).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered April 27, 1983, convicting him of attempted murder in the second degree, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment of 8V2 to 17 years.

Judgment affirmed.

While defendant has raised some doubt as to the substantive sufficiency of his guilty plea, he never objected to the adequacy of the plea allocution at Criminal Term, and thus has failed, as a matter of law, to preserve his claim for appellate review (see, People v Pellegrino, 60 NY2d 636; People v Santiago, 100 AD2d 857). A reversal in the interest of justice is not warranted. Defendant’s plea was the product of plea bargaining, freely entered into by him with the advice of counsel, under which the plea and sentence were in satisfaction of a 13-count indictment. The plea enabled defendant to avoid the possible imposition of a much longer sentence of imprisonment (see, People v Ebron, 87 AD2d 653). There is no indication that the plea was not entered into knowingly and voluntarily. Lazer, J. P., Gibbons, O’Connor and Brown, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered April 27, 1983, convicting him of attempted murder in the second degree, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment of 8V2 to 17 years.

Judgment affirmed.

While defendant has raised some doubt as to the substantive sufficiency of his guilty plea, he never objected to the adequacy of the plea allocution at Criminal Term, and thus has failed, as a matter of law, to preserve his claim for appellate review (see, People v Pellegrino, 60 NY2d 636; People v Santiago, 100 AD2d 857). A reversal in the interest of justice is not warranted. Defendant’s plea was the product of plea bargaining, freely entered into by him with the advice of counsel, under which the plea and sentence were in satisfaction of a 13-count indictment. The plea enabled defendant to avoid the possible imposition of a much longer sentence of imprisonment (see, People v Ebron, 87 AD2d 653). There is no indication that the plea was not entered into knowingly and voluntarily. Lazer, J. P., Gibbons, O’Connor and Brown, JJ., concur.

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Bluebook (online)

111 A.D.2d 836, 491 N.Y.S.2d 11, 1985 N.Y. App. Div. LEXIS 50087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-soto-nyappdiv-1985.

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