People v. Ubiles

Appellate Division of the Supreme Court of New York

People v. Ubiles

130 A.D.2d 788, 516 N.Y.S.2d 73, 1987 N.Y. App. Div. LEXIS 46819

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

DecidedMay 26, 1987

StatusPublished

Cited by5 cases

This text of 130 A.D.2d 788 (People v. Ubiles) 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. Ubiles, 130 A.D.2d 788, 516 N.Y.S.2d 73, 1987 N.Y. App. Div. LEXIS 46819 (N.Y. Ct. App. 1987).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lane, J.), rendered March 28, 1984, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review the issue of the sufficiency of his plea allocution (see, People v Pellegrino, 60 NY2d 636) and, in any event, reversal in the interest of justice is not warranted (see, People v Harris, 61 NY2d 9).

Furthermore, by having failed to contest the constitutionality of his prior felony conviction, the defendant waived his claim that the predicate conviction was unconstitutionally obtained (CPL 400.21; People v Oliver, 63 NY2d 973; People v Mumit, 106 AD2d 411). Mangano, J. P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lane, J.), rendered March 28, 1984, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review the issue of the sufficiency of his plea allocution (see, People v Pellegrino, 60 NY2d 636) and, in any event, reversal in the interest of justice is not warranted (see, People v Harris, 61 NY2d 9).

Furthermore, by having failed to contest the constitutionality of his prior felony conviction, the defendant waived his claim that the predicate conviction was unconstitutionally obtained (CPL 400.21; People v Oliver, 63 NY2d 973; People v Mumit, 106 AD2d 411). Mangano, J. P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.

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Bluebook (online)

130 A.D.2d 788, 516 N.Y.S.2d 73, 1987 N.Y. App. Div. LEXIS 46819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ubiles-nyappdiv-1987.

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