People v. Waller

Appellate Division of the Supreme Court of New York

People v. Waller

288 A.D.2d 950, 732 N.Y.S.2d 209

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

DecidedNovember 9, 2001

DocketAppeal No. 1

StatusPublished

This text of 288 A.D.2d 950 (People v. Waller) 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. Waller, 288 A.D.2d 950, 732 N.Y.S.2d 209 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Judgment unanimously affirmed. Memorandum: Defendant failed to move to withdraw his pleas of guilty or to vacate the judgments of conviction, and thus his challenge to the factual sufficiency of the plea allocutions is not preserved for our review (see, People v Lopez, 71 NY2d 662, 665). Defendant was properly sentenced as a predicate felon (see, People v Rosen, 96 NY2d 329, 334-335, cert denied — US —, 122 S Ct 224; People v Conyers, 285 AD2d 825). The bargained-for sentences imposed by Supreme Court are neither unduly harsh nor severe (see, People v Parker, 261 AD2d 926, 927, Iv denied 93 NY2d 1024). We have reviewed defendant’s remaining contention and conclude that it is without merit. (Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Rape, 3rd Degree.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Kehoe and Lawton, JJ.

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

—Judgment unanimously affirmed. Memorandum: Defendant failed to move to withdraw his pleas of guilty or to vacate the judgments of conviction, and thus his challenge to the factual sufficiency of the plea allocutions is not preserved for our review (see, People v Lopez, 71 NY2d 662, 665). Defendant was properly sentenced as a predicate felon (see, People v Rosen, 96 NY2d 329, 334-335, cert denied — US —, 122 S Ct 224; People v Conyers, 285 AD2d 825). The bargained-for sentences imposed by Supreme Court are neither unduly harsh nor severe (see, People v Parker, 261 AD2d 926, 927, Iv denied 93 NY2d 1024). We have reviewed defendant’s remaining contention and conclude that it is without merit. (Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Rape, 3rd Degree.) Present — Pigott, Jr., P. J., Wisner, Hurlbutt, Kehoe and Lawton, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

288 A.D.2d 950, 732 N.Y.S.2d 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-waller-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack