People v. Tobie

Appellate Division of the Supreme Court of New York

People v. Tobie

115 A.D.2d 321, 496 N.Y.S.2d 710, 1985 N.Y. App. Div. LEXIS 54597

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

DecidedNovember 15, 1985

StatusPublished

This text of 115 A.D.2d 321 (People v. Tobie) 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. Tobie, 115 A.D.2d 321, 496 N.Y.S.2d 710, 1985 N.Y. App. Div. LEXIS 54597 (N.Y. Ct. App. 1985).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: Defendant entered a guilty plea to one count of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and was sentenced to serve 4 to 12 years. Defendant did not move, prior to sentencing, to withdraw his plea, nor did he move to vacate the judgment. Therefore, defendant’s claim on appeal that the plea allocution was insufficient to establish that the plea was voluntarily, intelligently and knowingly entered has not been preserved for review (People v Pellegrino, 60 NY2d 636; People v Marnell, 106 AD2d 906). Were we to reach this issue, we would conclude that defendant’s argument is without substance. We have examined defendant’s other contentions and find them to be without merit. (Appeal from judgment of Wayne County Court, Parent!, J. — attempted murder, second degree.) Present — Dillon, P. J., Doerr, Denman, Boomer and Pine, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed. Memorandum: Defendant entered a guilty plea to one count of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and was sentenced to serve 4 to 12 years. Defendant did not move, prior to sentencing, to withdraw his plea, nor did he move to vacate the judgment. Therefore, defendant’s claim on appeal that the plea allocution was insufficient to establish that the plea was voluntarily, intelligently and knowingly entered has not been preserved for review (People v Pellegrino, 60 NY2d 636; People v Marnell, 106 AD2d 906). Were we to reach this issue, we would conclude that defendant’s argument is without substance. We have examined defendant’s other contentions and find them to be without merit. (Appeal from judgment of Wayne County Court, Parent!, J. — attempted murder, second degree.) Present — Dillon, P. J., Doerr, Denman, Boomer and Pine, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

115 A.D.2d 321, 496 N.Y.S.2d 710, 1985 N.Y. App. Div. LEXIS 54597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tobie-nyappdiv-1985.

Opinion

Related

Cite This Page — Counsel Stack